Tuesday 29th November 2016

MTN Meets SEC on IPO, Seeks Concessions to Fast-track Listing Goddy Egene with agency report Nigeria’s biggest telecoms provider, MTN, has met with the Securities and Exchange Commission (SEC) to discuss a possible initial public offering

(IPO) of its shares on the Nigerian Stock Exchange (NSE) and how it wants to structure the share sale.

According to Reuters, SEC Director General, Mounir Gwarzo, said MTN had discussed the possibility of

issuing various classes of shares to targeted investor groups. He said the telecoms firm was looking at three different classes which would be new in Nigeria.

Gwarzo said the SEC was willing to support the share

sale as long as it was within local laws and advised the telecoms firm to ensure retail investors were protected.

THISDAY checks further revealed that at the meeting, MTN also discussed the possibility of getting some

concessions that will speed up the listing.

It was gathered that the joint financial advisers and issuing houses to MTN on the proposed IPO and listing – Standard Bank of South Africa Limited, Citigroup Global

Markets Limited and Stanbic IBTC – accompanied the management of the company to the meeting with SEC. “I can confirm to you that the management of the MTN Continued on page 6

Nigeria Loses 130m Barrels of Crude Oil to 32 Militant Groups This Year...

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Tuesday 29 November, 2016 Vol 21. No 7894. Price: N250

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Presidency: No Rift with Tinubu APC cash-strapped as Buhari, others withhold dues President refuses to replicate PDP’s mistake by using state resources

Tobi Soniyi and Onyebuchi Ezigbo in Abuja With the dust raised over the Ondo governorship election yet to settle down, President Buhari has dismissed the notion that he and the APC leadership are at odds with a National Leader of the party, Chief Bola Ahmed Tinubu, describing such rumours as unfounded and mischievous.

The president’s media aide, Malam Garba Shehu, in a statement yesterday said the president was highly embarrassed by such “suggestions”.

He also said Buhari was in regular contact with Tinubu before, during and after the Ondo gubernatorial election.

Shehu said any suggestions Continued on page 6

PDP Rejects Ondo Guber Poll Result, Heads for Tribunal

Sheriff faction warns of further losses in Ekiti, other states Onyebuchi Ezigbo in Abuja The Peoples Democratic Party (PDP) has rejected the result of Saturday’s gubernatorial election in Ondo State, in which the candidate of the All Progressives Congress (APC), Chief Rotimi Akeredolu (SAN), was declared the winner by the Independent National Electoral Commission (INEC).

The national leadership of the party led by Senator Ahmed Makarfi said yesterday that it has instructed its

candidate and the Ondo State chapter of the PDP to proceed to the Election Petitions Tribunal to challenge the outcome of the election.

In the Ondo governorship election, Akeredolu, the candidate of the APC, garnered 244,842 votes, the PDP candidate, Eyitayo Jegede (SAN), polled 150,380 votes, while the Alliance for Democracy (AD) candidate, Olusole Oke, got 126,889 votes.

Continued on page 6

L-R: Executive Director, Asset Management Corporation of Nigeria (AMCON), Mr. Aminu Ismail; Managing Director/CEO, AMCON, Mr. Ahmed Kuru; and President of the Court of Appeal, Hon. Justice Zainab Bulkachuwa, at the end of an interactive conference, held in Abuja… recently

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Nigeria Loses 130m Barrels of Crude Oil to 32 Militant Groups This Year Ejiofor Alike Nigeria has lost over 130 million barrels of crude oil from January to November this year to the activities of 32 militant groups in the Niger Delta region since the resurgence of militancy in the oil-producing region in 2015, the Vice-Chairman of the Security Subcommittee of the Oil Producers Trade Section (OPTS) of the Lagos Chamber of Commerce and Industry (LCCI), Mr. Shina Bankole, has said.

This is coming as the Minister of State for Petroleum, Dr. Ibe Kachikwu, has stated that President Muhammadu Buhari’s Petroleum Industry Roadmap, better known as the “7 Big Wins”, will stabilise the region for oil and gas business.

Also, the former Minister of State for Energy and

the Amayanabo of Nembe Kingdom in Bayelsa State, Dr. Edmund Daukoru, has called on the people of the Niger Delta to listen to themselves and the outside world, adding that blowing up pipelines amounted to cutting their nose to spite their face.

Speaking in Lagos yesterday at the 17th Health Safety and Environment (HSE) Biennial Conference on the Oil and Gas Industry in Nigeria organised by the Department of Petroleum Resources (DPR), Bankole, who is also the General Manager in charge of Security at Chevron Nigeria Limited, said insecurity in the Niger Delta had led to the proliferation of several militant groups, as well as small arms and weapons.

Bankole added that between January and November, 58 incidents of sabotage were recorded where oil and gas

– some with possible ethnic agenda, while others came with a criminal agenda,” he said.

Bankole disclosed that of the over 275 cases of kidnappings recorded across 29 states between January and November, 45 cases were related to oil and gas industry personnel and their dependants.

According to him, of the 99 incidents of sea robberies and pirates recorded within the same period, 19 cases involved the oil and gas industry.

In his keynote address, Kachikwu said the insecurity in the Niger Delta had raised the cost of security by six times over the past 10 years, adding that the entire ecosystem of Niger Delta was under threat as a result of the oil spills caused by vandalism of facilities by militants.

“In the last couple of weeks, the Ministry of Petroleum has launched the 7 Big Wins. The first of the Big Wins is getting the Niger Delta stabilised through engagement, empowerment and enforcement. The other aspect of the Big Wins is righting the wrongs through remediation and education,” Kachikwu, who was represented by his Senior Technical Adviser on Fiscal and Regulatory Matters, Dr. Tim Okon, said.

In his speech, Daukoru, who was one of the discussants, noted that one of the problems facing the Niger Delta was that nobody wants to listen.

“Everybody wants to speak; everybody wants to come forward with a solution. We are not listening to ourselves; we are not listening to the outside world,” he said.

Daukoru said the Niger

Delta should listen to themselves and the outside world and channel their grievances properly.

He reminded the agitators that the oil and gas facilities being blown up do not belong to only the federal government but to the entire federation, which includes states and local government areas.

In his welcome address, the Director of DPR, Mr. Modecai Ladan, said the oil and gas industry had witnessed increased activities in the past decade due to the federal government’s policy and action plan to increase daily production to four million barrels and national reserves to 40 billion barrels by 2020.

He however said with the recent upsurge in militancy, crude oil production and revenue had dropped considerably.

colluding with the APC to rig the election.

“In view of the fact that the election was blatantly manipulated from the beginning to the end to favour the APC, we vehemently reject the results of the November

26, 2016 gubernatorial election in Ondo State. The election and all actions leading to it fall short of laid down principles guiding the conduct of elections in Nigeria.

“We have instructed our candidate and the Ondo State

chapter of our party to proceed to the tribunal to challenge the outcome of the election.

We call on the judiciary to redeem Nigeria’s image in this matter as we request for the total cancellation of the election in Ondo State,” the

main opposition party said.

While buttressing its position on the outcome of the gubernatorial election in Ondo State, Adeyeye described

APC is Cash-strapped

failed to disclose the amount expected from Buhari and his deputy, Prof. Yemi Osibanjo, he said most APC political office holders within this category had not been forthcoming with their contributions due to the internal crisis in the party.

He said the Senate President, Bukola Saraki, and House Speaker, Yakubu Dogara, had also stopped the mandatory monthly payments since the party got engulfed in a crisis.

Similarly, the source said all political appointees of the party, including Buhari, who is also the leader of the party, had not paid their dues since they took office, contrary to the party’s constitution.

Sources also revealed that some APC governors, appointees of the president and many members of the National Assembly loyal to a prominent leader of the party, have vowed not to contribute a dime to fund the party until “there is a change in the party’s leadership”.

However, a top member of the party confirmed to THISDAY that only the

Minister of State for Power, Works and Housing, Mustapha Baba Shauri, from Borno State has been able to pay N500,000.

Also, a few lawmakers were said to have paid for only three months since they were elected into office.

The source said: “It is only one minister that has paid part of his dues. From the records, it is the Minister of State for Works. However, based on the charter of the party, ministers and senators are supposed to pay N100,000 each month.

“The party is in serious financial straits. We have not been able to settle loads of debts.

“It is even worse when the expenditure profile averages N100 million per month. The party is struggling to meet its overheads because some governors that should pick the bills have refused to pay. The funds don’t come directly, but in the form of the governors bankrolling the visits of the national officers during visits to their states.

“It is so bad now that the party is even struggling to

meet its overheads. This is not even enough considering the financial commitments of the national officers, who have aides, logistics and even fuelling their official vehicles.

It would have been better if they have fixed allowances given to each of them.

“The financial problem of the party was compounded following the decision of President Buhari not to sponsor the party, in line with the transparency and anti-corruption disposition of his administration.”

Buhari, it was also revealed, does not want to replicate the mistakes of the Peoples Democratic Party (PDP), which openly used state resources to fund its activities when it was in power.

“True to his word, nothing has come to the party from the presidency since June 2015 when the party took over power,” said the source.

Advisors and Joint Global Coordinators, with Stanbic acting as Lead Issuing House.

MTN had said in a statement in July that it was targeting 2017 to list its shares on the NSE. “MTN Nigeria is pleased to announce that its Board of Directors has resolved to proceed with preparations for a listing of MTN Nigeria on the NSE as soon as commercially and legally possible and has established a management task team with

the responsibility to guide the company towards a listing.

“At present, MTN Nigeria is targeting that the listing takes place during 2017, subject to suitable market conditions,” the company had said.

It added that Stanbic IBTC Capital, the Nigerian arm of Johannesburg-based Standard Bank, would be the lead issuing house, while a full syndicate including Nigerian parties would be appointed in due course.

facilities belonging to the oil companies were vandalised.

“Again, within the same period, the rate of sabotage on oil and gas assets has led to lost production opportunities by the oil companies. As of today, more than 130 million barrels of crude oil have been lost due to the inability of the oil companies to produce as a result of the activities of the militants,” he added.

He said with the rehabilitation of about 30,000 ex-agitators, the Amnesty Programme introduced in 2009 by the federal government had successfully restored normalcy to the oil-producing region until 2015 when new militant groups began to emerge.

“The resurgence of militancy since 2015 has led to the proliferation of militant groups. As of today, no fewer than 32 of such groups have emerged in the Niger Delta

PDP REJECTS ONDO GUBER POLL RESULT, HEADS FOR TRIBUNAL The position of the Makarfiled PDP caretaker committee was made known just as the group loyal to Senator Ali Modu Sheriff faction of the party blamed PDP’s losses in the Edo and Ondo governorship elections on

impunity and non-adherence to internal democracy by the governors of the PDP. In a statement issued by the spokesman of the PDP, Mr. Dayo Adeyeye, the party called for the cancellation of the poll, accusing INEC of

Continued on page 8

PRESIDENCY: NO RIFT WITH TINUBU that the president and the party machinery were working to destroy Tinubu had no foundation in truth or any credibility, explaining that the president was impressed by Tinubu's assurance to the part not to work against APC in Ondo and he honoured his pledge.

Shehu also explained that Buhari regards Tinubu as a “priceless political asset” to the party whose immeasurable contributions to the development and progress of the ruling party are known to all.

He advised rumour mongers to stop spreading the seeds of discord and animosity between the president and Tinubu or the party, adding that the president was proud of the “Jagaban” (Tinubu’s traditional title) and his pivotal role in the party and the movement.

Buhari also commended Tinubu's spirit of comradeship by promptly congratulating Rotimi Akeredolu who was elected governor in Ondo State last Saturday.

The president further noted that at a time his administration was preoccupied with governance issues, rumours of divisions and alleged scheming within the party were counterproductive to internal unity and cohesion in APC. Tinubu, who backed Dr. Olusegun Abraham to secure the ticket of the APC to contest in the Ondo governorship poll, had opposed the Rotimi Akeredolu’s emergence as candidate of the APC, alleging irregularities during the party’s primary.

THISDAY, in an exclusive story yesterday indicated that Akeredolu’s emergence had caused a major rift in the party and among the South-west states critical to the president’s re-election bid in 2019.

The rift was also evident when most of the APC governors from the region, except Ogun State governor, Senator Ibikunle Amosun, refused to turn up at the grand finale of the APC rally for Akeredolu before the election.

Meanwhile, wore details came to light yesterday as to why the ruling All Progressives Congress (APC) is strapped for cash and is currently unable to offset several bills incurred by the party.

The headquarters of the party was recently disconnected from the power grid over non-payment of its electricity bill to the Abuja Disco.

A reliable source at the APC’s national secretariat, who spoke to journalists yesterday, blamed the poor state of the ruling party’s finances on the non-payment of monthly dues by all cadre of political appointees on its platform, including Buhari.

He explained that based on the decision reached at the meeting of the party’s national leadership, it was agreed that APC members in the National Assembly were to pay N100,000 (senators) and N70,000 for the House of Representative members.

Although the party source

MTN MEETS SEC ON IPO, SEEKS CONCESSIONS TO FAST-TRACK LISTING Group and its advisors met with the SEC management.

The main purpose was for them to ask for details of the procedure to embark on the IPO and the possibility of getting some concessions to fast-track the offer process.

“The commission is willing to assist the company to achieve its objectives,” a SEC source told THISDAY yesterday.

According to the source, the IPO would likely come up in the first quarter of 2017,

depending on the economic situation in the country.

The meeting with SEC, notwithstanding, MTN is yet to formerly submit an application to the regulator for the IPO and listing of its shares.

MTN is the largest mobile phone operator in Nigeria with 57 million subscribers, and Nigeria accounts for a third of its revenue.

Africa’s biggest mobile phone operator had agreed to list its shares in Nigeria as

part of a deal to pay a N330 billion ($1 billion) fine in cash to the Nigerian government for missing a deadline to disconnect 5.2 million unregistered subscribers.

Preparatory to the listing, MTN last month announced the appointment of Stanbic IBTC Capital Limited, its affiliates — The Standard Bank of South Africa Limited and Standard Advisory London Limited — and Citigroup Global Markets Limited as its Joint Transaction

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T H I S D AY TUESDAY NOVEMBER 29, 2016

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NEWS

Amaechi Eyes Massive Advertising Revenue Along Railway Routes Ogun to invest in rail, targets $100bn GDP Eromosele Abiodun The federal government has stated that it intends to raise several billions of naira from companies and state governments from all rights of way, advertising and estate developers along all railway routes in the country.

The Minister of Transportation, Rotimi Amaechi, made this known yesterday while speaking at the First International Rail Conference holding in Lagos, tagged, “Nigeria Railway Industry Moving from 19th to 21st Century: Challenges and Opportunities.”

Represented by the Director of Rail Services, Mohamed Babakobi, the minister said the government would channel the funds realised into the construction and maintenance of existing rail assets in the country.

He called on stakeholders, experts and top players in the rail sector to partner with the federal government and come up with ideas on how this could be achieved.

Amaechi, who stressed that the federal government was committed to revamping the rail sector, stated that the government would ensure that Nigerians benefit from the railway contracts being

awarded by enforcing the local content policy.

He said the federal government had instructed Chinese investors to employ Nigerians where the country has competence, further disclosing that compliance with the policy was currently at 25 per cent in the sector.

Also speaking at the event, the Governor of Ogun State, Senator Ibikunle Amosun, said the state government would invest massively in railways to grow the gross domestic product (GDP) of the state from $20 billion to $100 billion.

He said one of the strategic ways to achieve this was through the provision of an inter-city rail network.

According to him, “This would make Ogun State highly competitive, thus attracting more industries, commerce and real estate development. The Ogun light rail project will be an alternative to road transportation to ensure the creation of multi-modal transport hubs and nodes, which would act as a catalyst for economic and social growth.

“With this development, the intercity railway would be used, as in other parts of the world, to drive economic growth. Lagos State has a GDP

of $131 billion and currently has a housing deficit of over 3 million houses.

“We have the land to meet this housing deficit and create a $5 billion economy through inter-city rail development.

It is our plan that we will leverage on our close proximity to Lagos State, and our strategic position as the Gateway to the over 200 million population in the West African sub-region.

“Ogun State intends to grow her economy by exploring strategic linkages with both the economies of Lagos and the West African sub-region, providing widespread economic benefits to the good people of the Gateway State.”

Managing Director at Planet Project Limited, organisers of the event, Abiodun Otunola, disclosed that transportation accounts for 30 per cent of the cost of goods and services in Nigeria.

He commended the federal government’s effort at revamping the rail sector, stressing that a lot is happening in the sector at the moment.

He said: “The federal government has committed over $10 billion in the rail sector,” adding that the economy could not grow if the rail sector is not fixed.

Amaechi “More than 50 per cent of our rail system is narrow gauge which makes the rails very slow. Some state

governments are doing very well in this regard. Apart from Lagos State, Ogun State is doing a good job in the sector.

“Our vision and goal is to start a process that will bring back the rail system in Nigeria,” he stated.

party hierarchy was defective and that the leadership needed to be changed to allow the 60 stalwarts of the PDP who defected to APC to return to the fold, off course the governors refused.

“There was no surprise to the result. In Ondo State, the script was written in 2013 when Governor Mimiko returned to PDP. All members he met on the ground left the party for him and he took over the PDP. The structure was handed over to the Labour Party.

“If Oke had not gone to AD and Mimiko managed the leadership sportsmanly, PDP would have won the election convincingly,” he said.

On the way forward for the party, Ojougboh who defended Sheriff stoutly, drew the attention of party members to the statement by one of the founding fathers of the PDP, former VicePresident Alex Ekwueme that until the people who champion impunity leave the PDP he would not have anything to do with the party.

Ojougboh also debunked claims that Sheriff was a Boko Haram sponsor, blaming his enemies for such allegation. Instead, he alleged that the dreaded group had been receiving encouragement in their murderous activities under the present Borno State Government.

Meanwhile, the factional leaders of the party may

have accepted the judiciary as the final arbiter to determine the leadership tussle in the PDP. In the aftermath of the judicial pronouncements in the run-up to the just concluded governorship election in Ondo State, the mainstream PDP national caretaker committee headed

by Makarfi and the Sheriff faction yesterday indicated their readiness to pursue the cases in the courts to their logical conclusion and to accept the verdict whichever way it goes.

The Appeal Court had ruled that the candidate produced by the Makarfiled PDP was the authentic standard-bearer of the party in the Ondo election, while dismissing an earlier ruling by the lower court headed

by Justice Abang, which favoured Ibrahim, the candidate of the Sheriff-led group.

But it was the Sheriff group which first fired the warning shot against the Makarfi caretaker leadership, asking it to disband or be prepared to face more embarrassing losses in the months ahead.

Ojougboh, who stated the resolve of the aggrieved group, while answering questions from THISDAY yesterday in Abuja, said that whatever the outcome of the matters currently in the courts, the Sheriff-led group would be ready to accept it without any qualms.

“Let me restate again that of all the issues that

are before the courts even up to the Supreme court, Ali Modu Sheriff will be retained as the chairman of the party and when the time comes the necessary pronouncement will be made,” he said.

On whether the group will abide by the outcome of the judicial process, he said: “Of course, we have said before that we will abide by the rule of the law.

“We are very, very sure that the rule of law in Nigeria cannot be bought with money. We are very, very sure that the courts know their onus and we are very supportive of the judiciary and whatever the courts decide, up to the Supreme Sourt, we will abide by it.

“We have always maintained that the caretaker committee is an aberration and that it is an unnecessary distraction and the earlier they have the fear of God and retrace their steps, it will be better for the party,” he added.

However, the spokesman for the Makarfi-led leadership urged PDP stakeholders to continue to have an unshaken faith in the ability of the appellate courts to do justice to the various appeals pending before it at the appropriate time.

A statement signed by Adeyeye said PDP believes that at the appropriate time the court would “put an end to the antics of these enemies of progress masquerading as members of our party”.

PDP REJECTS ONDO GUBER POLL RESULT, HEADS FOR TRIBUNAL the result declared by Professor Abdul-Ganiyu Ambali, INEC’s Chief Returning Officer in the election, as a charade and not the true reflection of the will of the people in the state.

PDP said INEC has graduated from inconclusive elections as seen in Kogi, Bayelsa, Osun, FCT, Imo, Nassarawa and other byelections in the country to “advanced election rigging” as was the case with Edo and Ondo States.

“It is common knowledge that the APC agents openly bought votes of the electorate in the full glare of security operatives who did nothing to prevent such dastardly violation of the Electoral Law. “It is not surprising that the electorate in Ondo State became so vulnerable to the corruptive influence of the APC because of the harsh economic situation in the country inflicted on Nigerians by the APC administration which has indeed made all Nigerians virtually beggars in their own country,” it said.

The party also blamed the setback it suffered on the role of Justice Okon Abang of the Federal High Court, Abuja, and the charlatans in PDP whom it accused of allowing themselves to be used by the APC to destroy its chances in the Ondo poll.

“The actions of INEC, in collaboration with the APCled administration, left us no time to campaign and sell our candidate and party manifesto to the electorate

in Ondo State.

“Our persistent calls for the postponement of the election which was backed and supported by more than 20 other political parties were all rejected by INEC which was acting the script of the APC. “It was a carefully planned and well orchestrated strategy to rig the election well in advance by preventing the PDP from planning and campaigning for the election. The APC has hereby introduced a new formula of rigging elections in Nigeria.

“Finally, we congratulate our candidate, Hon. Eyitayo Jegede (SAN), and our party in the state for the gallant performance at the poll, despite the severe injuries inflicted on us before, during and after the election,” it said.

However, Sheriff’s deputy and the former National Vice-Chairman (Southsouth) of the PDP, Dr. Cairo Ojoughoh, addressed a press conference yesterday in Abuja, during which the faction blamed the losses suffered by the PDP in the Edo and Ondo governorship polls on the impunity and the continued existence of the caretaker committee led

by Senator Makarfi.

Ojougboh, who briefed journalists on the decisions reached at the meeting held to review the outcome of the Ondo poll by their National Working Committee (NWC), said the faction had identified impunity and

lack of respect for the PDP constitution and the rule of law as the major problems that led to PDP’s failure in the Edo and Ondo elections.

On the loss of the Ondo election, Ojougboh said the outgoing governor of the state, Dr. Olusegun Mimiko, was to blame for foisting his preferred candidate and kinsman, Jegede, on the party rather than Jimoh Ibrahim who hails from another zone.

Ojougboh said the group was very sure that if the party failed to retrace its steps by disbanding the national caretaker committee in order to reunite its members, it was bound to suffer a similar fate in the next governorship election in Ekiti State.

While blaming the plight of the PDP on three unnamed governors, Ojougboh read a text he jointly signed with the former national secretary, Prof. Wale Oladipo, exonerating the governors of Taraba, Gombe, Bayelsa and Cross Rivers “for being very cooperative and willing to let the party grow”.

“The impact of the impunity in the PDP manifested itself in the actual sense for the first time in 2011 general election when the then ACN defeated the PDP in Nasarawa State.

“We had a sitting governor then who could not deliver.

This was the first warning against impunity. It was ignored.

“In Edo State, we told all who cared to listen that the

T H I S D AY TUESDAY NOVEMBER 29, 2016

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NEWS

Militant Group Claims Responsibility for NPDC Pipeline Bombing in Delta Warns against bombing of more oil facilities

Sylvester Idowu in Warri and Omon-Julius Onabu in Asaba Unrepentant Isoko/Urhobo militant group, Niger Delta Greenland Justice Mandate (NDGJM), in a surprise announcement yesterday, claimed it was behind the attack on the 42 inch delivery line operated by NPDC/ND Western in Otu-Jeremi, Delta State, over the weekend.

The militant group said its fighters, codenamed ‘Akuma Strike Force Team’, bombed the facility at about 4 o’clock last Sunday.

But the Joint Task Force (JTF), code-named Operation Delta Safe, dismissed the claim, insisting that it was bush burning that sparked the fire which eventually caused the explosion in the old pipeline.

Acting spokesman of JTF, Lieutenant Commander, Thomas Otuji, said: “It was a case of bush burning that ignited an old pipeline, no such attacks was carried out on the pipeline.”

The militant group, in a statement by its spokesman, ‘Gen’ Aldo Agbalaja, entitled: ‘Not Uhuru Yet’, said the attack was to “register our presence and jolt those probably slipping into delusion back to reality that they were yet to relax the agitation.”

The militant group said it would not be deterred by military offensive in the region to halt its pipeline attacks, threatening to fight on “till the last man alive.”

Agbalaja however warned the federal government against patronising conmen, political jobbers, grandstanding and those parading themselves as the “lords of Warri, whose stock in trade has always been using the struggle for profiteering.

“In the last few weeks, we have been silent and observing.

The period of silence was definitely not of inactivity; as

a matter of fact, it was rather a strategy session, the fruits of which shall start showing up in the coming days.

“However, to register our presence and jolt those probably slipping into delusion back to reality, the Akuma Strike Force Team at about 0400hour last Sunday, brought down the 42 inch delivery line operated by NPDC/ND Western in Otu-Jeremi.

“The Niger Delta Greenland Justice Mandate has also observed the calculated psychological attack recently initiated by the Nigerian security forces against our people, believing that by pursuing and arresting our people, the struggle will be defeated and our resolve would be quelled.

“This will not work because what motivates us is stronger than the Nigerian kind of patriotism. Once again, we proclaim that we shall fight till the last man alive.

“It has also come to the attention of the high command of the Niger Delta Greenland Justice Mandate that some impostors have now started a move to hoodwink the federal government into believing that they have what it takes to end this campaign that we have sworn to stay committed to.

“These conmen, parading themselves as the ‘lords of Warri’, have forgotten that this campaign goes well beyond their purview or grasp.

“Our advice to the federal government is to be wary of who they give attention to in the desperation to get the oil from our soil to flow unhindered.

“Be wary of these political jobbers, whose stock in trade has always been using the struggle to profit themselves.

We have severally indicated how to end this and definitely not through political jobbers and conflict merchants.

“If and when we have

40 Killed in Communal Clash in Kogi Yekini Jimoh in Lokoja Over 40 people were yesterday feared dead while many houses were burnt in Bassa Local Government Area of Kogi State when fight broke out between the Ebira Mozu and Bassa Komu people in the area.

The incident which occurred in the early hours of yesterday, had been a reoccurring development in the last few years.

Dangerous weapons like guns, knives and arrows were said to have been freely used in the clash that lasted for hours.

Many houses were said to have been set ablaze during the attack, leading to pandemonium among the residents of the area.

THISDAY gathered that the latest onslaught was said to have led to casualties on both sides and wanton destruction

of property in the community.

It was learnt that the crisis and the destruction were aided by the peculiar terrain of the community which can only be easily accessed by water.

Sources also stated that some of the security operatives deployed to quell the crisis were involved in an accident at Odenyi and that they sustained inquiries.

Unconfirmed reports however said two of the security agents lost their lives in the accident.

Confirming the development, the state Police Public Relations Officer (PPRO), William Anya, said houses were burnt, but that the police were yet to have full information.

He, however, said the community had already been deserted before the arrival of a detachment of policemen sent to restore order in the area.

reasons to trust anybody to hold discussions with, we shall, through this same medium, announce the process and the persons. This is a warning for the wise.”

Militant group, Niger Delta Greenland Justice Mandate, has warned that it was breaking its weeks of silence by resuming attacks on more oil installations in Nigeria’s oil-rich region.

The militia gave the warning in an e-mailed statement claiming that it’s strike force destroyed a certain 42-inch delivery pipeline in Ughelli South Local Government Area of Delta State in the early hours of yesterday.

It said the delivery line is operated by the Nigerian National Petroleum Corporation (NNPC)/ND Western in OtuJeremi, the administrative headquarters of Ughelli South.

The group said via a statement yesterday by its spokesman, “General” Aldo Agbalaja,

titled: ‘Not Uhuru Yet,’ that the seeming lull in its activities in a couple of weeks was because it receded for “strategy session.”

The statement read in part: “In the last few weeks we have been silent and observing. The period of silence was definitely not of inactivity; as a matter of fact it was rather a strategy session, the fruits of which shall start showing up in the coming days.

“However, to register our presence and jolt those probably slipping into delusion back to reality, the Akuma Strike Force Team at about 04.00hours today, November 27 (28?) brought down the 42-inch delivery line operated by NPDC/ND WESTERN in Otu-Jeremi.”

It also decried what it called “calculated psychological attack recently initiated by the Nigerian security forces against our people,” saying it was bent on fighting till the last man.

The group also reiterated

its lack of faith in the ongoing negotiation between the Chief Edwin K. Clark’s group of Niger Delta stakeholders and the federal government, saying the negotiations could not bring about the desired enduring peace in the Niger Delta.

According to the statement, “The Niger Delta Greenland Justice Mandate has also observed the calculated psychological attack recently initiated by the Nigerian security forces against our people, believing that by pursuing and arresting our people the struggle will be defeated and our resolve would be quelled. This will not work because what motivates us is stronger than the Nigerian kind of patriotism. Once again, we proclaim that we shall fight till the last man alive.

“It has also come to the attention of the High Command of the Niger Delta Greenland Justice Mandate that some impostors have now started a

move to hoodwink the federal government into believing that they have what it takes to end this campaign that we have sworn to stay committed to.

These conmen, grandstanding and parading themselves as the ‘lords of Warri’, have forgotten that this campaign goes well beyond their purview or grasp.

“Our advice goes to the federal government, to be wary of who they give attention to in the desperation to get the oil from our soil to flow unhindered. Be wary of these political jobbers, whose stock in trade has always been using the struggle to profiteer. We have severally indicated how to end this and definitely not through political jobbers and conflict merchants. If and when we have reasons to trust anybody to hold discussions with, we shall through this same medium, announce the process and the persons. This is a warning for the wise.”

Northern Governors, GE Sign MoU for Five Power Plants The Northern States Governors’ Forum and the General Electric (GE) International yesterday signed a memoranda of understanding (MoU) for the construction of five solar plants which would generate 500 megawatts of electricity in some parts of Northern Nigeria.

Borno State Governor and Chairman of the Northern States Governors’ Forum, Kashim Shettima, signed the agreement on behalf of the other governors while General Electric’s Senior Executive, Western Europe and Africa, Mr. Armand Pineda, and the President/Chief Executive Officer, General Electric, Nigeria, Dr. Lazarus Angbazo, signed on behalf of their company at a brief ceremony held at the Transcorp Hilton Hotel in Abuja.

Based on the MoU, the General Electric which has 120 years experience in power generation, is to build five solar power plants to be located in Borno, Kebbi, Nassarawa, Niger and Taraba States which each of the plants expected to generate 100 megawatts of electricity totalling 500 megawatts across the five states.

The electricity is meant to stimulate economic activities and social services in the affected states as well as boost agricultural food processing, small scale businesses, in addition to supplying electricity to schools and hospitals.

The project which is a pilot phase, is being coordinated by the Northern Nigeria Global Economic Re-integration Programme, newly created by the northern governors to serve as vehicle for the economic recovery of northern states through international relations on infrastructure, manufacturing, stimulate agricultural value chain and trade as well as make the region

a global player in agricultural export in line with the vision of late Premier of the region, Sir Ahmadu Bello.

The governors’ forum led

by Shettima had engaged the services of Malam Tanimu Yakubu Kurfi as the Chief Executive Officer of the programme. Kurfi was Chief Economic Adviser to late President Umaru Musa Yar’Adua, and has wide contact with leading development companies and financial institutions across the world.

“The 19 governors of the North jointly created this approach. We want to go beyond lamentation to provide solutions and we all know that power is key to industrial development.

With power, we can create jobs, stimulate our economies and make life better for our people.

The General Electric has over 120 years experience in energy solutions, and they have been operating in Nigeria for over 50 years. We cannot have a better partner than GE. We shall do our part as governors, this I will assure you. We are deeply committed to this agreement,” Shettima said at the MoU signing ceremony.

The northern governors’ chairman enumerated the challenges of poverty, unemployment, poor access to education, poor healthcare among other underdevelopment indices threatening the North while concluding that power can provide a vehicle for the region to reposition itself for a better future.

The CEO, Northern Nigeria Global Economic Re-Integration

Programme, Kurfi, said he took up the challenge put forward by the northern governors as a result of strong passion and commitment to aggressive development of the North as so far shown by the northern governors since Shettima became the forum’s chairman in 2015.

Reaffirming their commitment

to the MoU, General Electric’s Senior Executive, Western Europe and Africa, Pineda, and the President/Chief Executive Officer, General Electric, Nigeria, Angbazo, both pledged that they would work round the clock to realise the project for the benefits of citizens of the five states.

T H I S D AY TUESDAY NOVEMBER 29, 2016

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TUESDAY NOVEMBER 29, 2016 • T H I S D AY

NEWS

Ondo Guber Poll: Atiku, Mimiko, Bello, Others Congratulate Akeredolu Oke concedes defeat James Sowole in Akure, Victor Ogunje,AdoEkiti and Laleye Dipo in Minna More congratulatory messages were yesterday poured on the Governorelect of Ondo State, Chief Rotimi Akeredolu (SAN), who won last Saturday’s governorship election in the state.

Former Vice President, Alhaji Atiku Abubakar, Governor Olusegun Mimiko of Ondo State, Niger State Governor, Alhaji Abubakar Sani Bello, and former Governor of Ekiti State, Niyi Adebayo, took turn to praise Akeredolu for emerging victorious in the poll.

In a congratulatory statement issued in Abuja by his media office, Atiku described the peaceful conduct of the election in the state, devoid of violence and fratricidal rancour, as the path to chart for future elections in the country nationwide.

He urged Akeredolu to use the opportunity of his victory in the election to usher in good governance and development in the state.

The APC chieftain congratulated Nigerians, particularly the people of the state for having faith in the tenets of democracy as the best form of government.

According to the statement, the former vice president welcomes Ondo State back on the track of Progressives in Nigeria, adding “together we shall work to bring prosperity and development to our fatherland.”

Mimiko on his part, in a statement by his Chief Press Secretary, Eni Akinsola, said: “It behooves on me as the governor of the state to congratulate the Governor-elect, Akeredolu, and wish him success in the challenging task of governing our dear state.”

While promising to continue to provide leadership to the state until the handover date, Mimiko expressed appreciation to the people of the state. He added: “I use this medium to express my sincere appreciation to all our citizens for the very peaceful manner in which they conducted themselves throughout the election period.

“I will not waiver in providing needed leadership to our dear state till the last day of my term.”

He also urged residents to strive to sustain the peace enjoyed in the state for the past seven years.

The Niger State Governor, Bello, in a congratulatory message issued yesterday, said: “The victory of Akeredolu is a testimony to the confidence the people of the state repose in him and his deputy, Mr.

Agboola Ajayi, and a call to higher responsibility.”

He said: “With the overwhelming victory recorded in 14 out of 18 local government areas of the state, the All Progressives Congress (APC) candidate cannot afford to let the people of the state.”

In the statement signed by his Chief Press Secretary, Malam Jibrin Baba Ndace, the governor said: “The outcome of the election was an indication that the people’s hope and trust are built on the APC as a political party that will take the state out of the woods.

“Having been found worthy as the most competent among the pack to take the Sunshine State out of the state of decay and infrastructural deficiency, I wish to urge you to go the extra mile to make the people central in all that you will do.” “I urge you to work for the interest of all, not minding the differences in party affiliation in other to bring about progress in the social economic growth and infrastructural development of Ondo State.”

Also, Adebayo congratulated Akeredolu, calling on the masses to pray fervently for the success of his administration.

Adebayo, who ruled Ekiti between 1999 and 2003 on the platform of the Alliance for

Democracy (AD), said the victory had again confirmed the APC’s supremacy over other parties in the country.

“Akeredolu is well-equipped for the job and I call on the good people of Ondo State to continue to support him. I want to advise Akeredolu to hit the ground running by ensuring that his government focuses on the people-oriented policies, programmes and projects that can turn around Ondo’s economy.”

Also, a governorship hopeful, Senator Gbenga Aluko, congratulated Akeredolu for his victory. In a statement in Ado-Ekiti, Aluko praised the APC candidate for a successful run in the election, stressing that the trust reposed in Akeredolu by the people of Ondo State for his integrity, hardwork and “unyielding faith in progressive ideals” had paid off for the senior advocate of Nigeria to enable him implement in practical terms his vision and ideals for the progress and development of Ondo State.

A member of the seventh House of Representatives, Hon Bamidele Faparusi, praised Akeredolu on his victory, describing the landslide winning as a an indication of the popularity of the policies and programmes of President Buhari’s government among Nigerians.

In a statement in Ado Ekiti yesterday, Faparusi saluted the doggedness and political astuteness of Ondo electorate which gave the APC the victory, saying Ondo joining the ranks of progressive party was a signal of good thing to come for the entire people of the South-west region.

In the same vein, the leader of the APC in Delta State, Olorogun Otega Emerhor, has congratulated Akeredolu, on his victory at the polls. In a statement signed by his Special Assistant on Media, Mr. Jefia Dede, he stated that the victory of the APC in Edo and now in Ondo State, was a reaffirmation of the trust and belief Nigerians have in the APC at all levels.

“It also portends great news for progressives’ struggle to rescue Delta State from the crutches of the PDP cabal come 2019. We can now see a very bright light atthe end of the tunnel for Delta State,” he added.

He praised the people of Ondo State for making the right choice noting that the pedigree and credentials of Akeredolu distinguished him as the best man for the job.

Emerhor also congratulated President Buhari and the APC national leadership for the doggedness they imbued into

our party that has resulted in the recent string of victories in Edo and Ondo.

Meanwhile, the gubernatorial candidate of the Alliance for Democracy (AD) in the election, Chief Olusola Oke, yesterday congratulated Akeredolu.

However, Oke in a statement signed by the Head of Olusola Oke Media Team, Mr Kolawole Olabisi, decried the heavy monetisation of the election process which produced Akeredolu.

He commended both the Independent National Electoral Commission (INEC) and the security agents deployed to the State for being fair in the handling of their duties but regretted that the open and free use of money to purchase votes during the election by the ruling parties remains a sad commentary on the nation’s electoral process.

This development, according to him, required the urgent intervention by government if the much publicised anti-corruption agenda of the federal government must have meaning to Nigerians.

“Offer of money for votes is worse than looting the government treasury. Apart from compromising the dignity of the people, it provides a fertile training ground for future looters of government treasury.

T H I S D AY TUESDAY NOVEMBER 29, 2016

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ADVERTORIAL

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T H I S D AY • TUESDAY, NOVEMBER 29 2016

COMMENT

Editor, Editorial Page PETER ISHAKA Email peter.ishaka@thisdaylive.com

FIVE WEEKS IN EFCC CUSTODY

T

Emma Agu raises questions about the continued detention of Bala Mohammed, former FCT Minister

he events surrounding the bail application of Senator Bala Mohammed, former Minister of the Federal Capital Territory (FCT) who is being held by the Economic and Financial Crimes Commission (EFCC) leave a sour taste to the mouth.

The former minister has been in detention since October 24, 2016 when he reported to the anti-graft agency’s office for questioning over allegations of abuse of office and money laundering while in office.He was promptly granted administrative bail, which conditions he fulfilled. But the commission won’t let him go. Concern started growing into anxiety and frustration into despair when his health started deteriorating. His legal team was left with no option than to file an application before the FCT High Court, November 16, 2016 to enforce his fundamental human rights.

When the case came up before Justice Baba Yusuf of High Court 4, on November 21, counsel to the EFCC, Mr. Ezekiel notified the court that the applicant’s remand order would abate on November 23. Speaking from the bar, he assured the court that the detainee would be released on or before November 23, hence there was no need to argue the motion. Based on that assurance, Justice Baba Yusuf had adjourned the case to November 24, to either continue or strike it out depending on whether the EFCC was going to honour the pledge entered on its behalf by counsel.

But the case had taken a new twist at the resumed hearing on November 24 when Mr. Ezekiel informed the court that contrary to his undertaking, the respondents had filed a counter affidavit to the bail application. In addition, he said that they had gone to another court to extend the applicant’s remand to December 8, 2016, to enable the agency conclude its investigation.

This development raises a number of fundamental questions. Even at the hearing of November 24, Mr. Ezekiel spoke animatedly about his frantic effort to get the applicant released on bail, implying in effect, that he did not see any reason why the applicants should remain in detention.

On at least two occasions, he lamented that his effort was scuttled by his superiors, throwing the bar and gallery into suppressed laugher when he described himself as a “small boy”. He said he had orders from above. To many observers, the question is: Does that mean that the agency’s counsel does not have authority to enter into binding agreements on behalf of the agency? If he did not, can we conclude that counsel was deliberately taking the court on a voyage of discovery and the judge for a ride? In any case, it is taken for granted that speaking from the bar, counsel must be taken to be credible. That is the foundation of the sanctity of our jurisprudence; that agreements entered into in the hallowed chambers should be respected. If that does not apply to the EFCC, is that not capable of eroding public confidence in the agency which is saddled with very onerous responsibilities bothering on the liberties of the citizens?

Of course, it is on that basis that the integrity of the agency will continue to rest. That explains why Mr. Ezekiel’s volte face stirred disbelief among those at the bar and the gallery, starting from Chief Chris Uche, SAN, counsel to Bala Mohammed who, without using the exact word, minced no words in expressing surprise at what, to all intents and purposes, looked like a case of betrayal. Uche’s telling response deserves to be reproduced here. His words: “Surprisingly, the respondent had reneged; instead, this morning, they had signed and filed a counter affidavit which they just served on us in direct opposition to all the statements from the

IT IS TAKEN FOR GRANTED THAT SPEAKING FROM THE BAR, COUNSEL MUST BE TAKEN TO BE CREDIBLE. THAT IS THE FOUNDATION OF THE SANCTITY OF OUR JURISPRUDENCE; THAT AGREEMENTS ENTERED INTO IN THE HALLOWED CHAMBERS SHOULD BE RESPECTED

bar. We find this unfortunate, to put it mildly.

“That notwithstanding, because this is a matter the law regards as of utmost importance, we will choose to proceed with the application. We want to do that because we think it is also an exhibition of utmost bad faith and disrespect for the court, for the respondent to take back their position and to say that, in between the last time and now, they went to another court to obtain a remand order. They went behind to another court without even disclosing to that court that they are here”.

From all indications so far, the impression is being conveyed, rightly or wrongly, that somebody somewhere has an interest in the applicant’s endless incarceration. Who is that person that Mr. Ezekiel keeps referring to as his senior or superior? Why would the superior be so preoccupied with shoving the fodder down the throat of a man who is already choked with visitations: who is down with illness, who has his image to redeem but who, all along, refused to join issues with anybody and always proclaiming that the agency had the legitimate authority to carry out his duties?

More curious was Mr. Ezekiel’s submission that the former minister’s continued incarceration is hinged on the claim that he was interfering with investigations and had influenced the ‘disappearance of Jamila Tangaza’ former director of the Abuja Geographical Information Systems, AGIS. Pray, as Chief Uche submitted, Jamila Tangaza was taken on bail and has sureties who should be in a better position to answer questions about her. Is this not similar to arresting the family of a suspect who may not be accessory to the alleged offence? I expect that by now, Mr. Ezekiel must be pondering the question put to him by Justice Baba Yusuf who sought to know whether the applicant was influencing the investigation from his detention.

Of course, that cannot be possible given the strict detention rules which preclude privacy in receiving guests or access to means of communications. In that regard, you would be proud of the EFCC as a Nigerian agency and without flattering the operatives, to a great extent, they exhibit a very high level of professional discipline. It is that discipline that is being eroded by the “senior” or “superior” that Mr. Ezekiel kept referring to. Perhaps it is time for the commission’s Chairman, Mr. Ibrahim Magu who, many have acclaimed as highly principled and professional to the core, to step into the matter to honour the commitment entered into on the agency’s behalf by its counsel. It will interest the chairman to know that, at the last hearing, Mr. Ezekiel was still insisting that he would do everything humanly possible to get the bail approved, to the extent that he openly invited Chief Uche, being a senior colleague, to follow him to the agency’s headquarters to witness his (Ezekiel’s) impassioned plea for the applicant’s release before his seniors. You begin to wonder what exactly is going on.

Let’s face it: The commission stands to suffer no disability whatsoever if it does not oppose the applicant’s bail application. Rather than that, it will gain in respect as a fair minded agency committed to the rule of law and determined to discharge its responsibilities without fear or favour. The commission should also consider the fact that Senator Bala Mohammed cannot afford to flee from justice; he has got to a point in his life when he cannot afford to live in exile! He is sick, a fact that the EFCC is aware of and needs medical attention.

RISING FROM THE RUINS

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y most important takeaway from the appearance of the defeated 2015 Rivers APC Governorship Candidate , Mr Dakuku Peterside on Rhythm FM on Saturday in Port Harcourt was his grudging confession that Governor Nyesom Ezenwo Wike has made tremendous impact on road construction and rehabilitation across Rivers State .

Though Mr Peterside was not so gracious in his confession, he told Rivers people that he is aware that Governor Wike has “patched roads” across the state. This confession came after he had exhibited his verbal disrespect on the office of the Governor of Rivers State. It took the insistence of a caller during the phone-in programme to elicit this confession from Peterside.

This particular caller had insisted that for residents of Rivers State, it was shocking that Dakuku Peterside had failed to notice the important works of Governor Wike. The caller asked Mr Peterside to personally enumerate the achievements of Governor Wike that appealed to him. Despite the grudging manner that Peterside made this true confession on the achievements of Governor Wike in the road sector, I want to commend him for his courage to admit that the governor is transforming the lives of the people.

My commendation stems from the fact that he had to publicly confess before the Rivers people his secret admiration of Governor Wike’s unequalled development of infrastructure in the state. We must disregard the manner he delivered his message and embraced the message.

It is imperative to point out that the road construction, reconstruction and rehabilitation

Rivers State is gradually being transformed, writes Simeon Nwakaudu programme of Governor Wike is his unique selling point. It is the outstanding performance indicator that has made Governor Wike the best governor in the country and a reference point of development enthusiasts.

Road construction, rehabilitation and reconstruction formed the platform upon which Nyesom Wike revived the damaged economy of Rivers State, after Dakuku Peterside’s political godfather, Rotimi Amaechi, squandered N3 trillion that accrued to Rivers State between 2007 and May 29, 2015.

The failed Amaechi administration left all urban roads in a state of disrepair. Even the few roads he initiated were abandoned. Therefore, the urban centres of Port Harcourt, Obio/ Akpor and parts of Ikwerre Local Government Areas degenerated to slums, with roads that were not motorable.

On May 29, 2015, his very first day in office, Governor Wike launched the “Operation Zero Potholes” Programme. This programme which is being handled by Julius Berger and CCECC is to construct, reconstruct and rehabilitate roads in Diobu, Borikiri, Ogbum-na-Abali town, old and New GRA and other key suburbs in Port Harcourt and Obio / Akpor Local Government Areas.

The urban renewal programme of the Wike administration has led to the construction of roads and bridges across Port Harcourt and its environs.

Within the last 18 months, Governor Wike has constructed, reconstructed and rehabilitated over 150 kilometres of roads. For the first time in decades, the state urban centres now have traffic and street lights.

Dakuku Peterside is not the only person who has commended Governor Wike for his superlative road construction and urban renewal. A short roll call of some of the notable Nigerians who have appreciated

Wike for his excellent performance in the road sector would suffice. They include: former Senate President David Mark; Chairman of the Nigerian Governors Forum, Abdulaziz Yari; Deputy Senate President, Ike Ekweremadu; NBA President, Abubakar Mahmoud; former NBA President Augustine Alegeh; PDP National Caretaker Committee Chairman, Senator Ahmed Makarfi; former Jigawa State Governor, Dr Sule Lamido and Senate Minority Leader and former Akwa Ibom State Governor, Senator Godswill Akpabio.

It is noteworthy that the Nigerian Guild of Editors and other key professional associations who have held national conventions in Port Harcourt have lauded Governor Wike for his superlative road construction achievements in the past.

Just on Friday, November 25, 2016, a day before Dakuku’s radio confession, participants of the Senior Course 39 of the Armed Forces Command and Staff College, Jaji, lauded Governor Wike for massive infrastructural development , despite the economic crisis facing the nation. Indeed, in appreciation of the superlative performance of Rivers State Governor, the Independent Newspapers Limited nominated the governor as the “Man of the Year 2016”.

In a letter conveying the nomination of Governor Wike as the “2016 Man of the Year”, Managing Director of Independent Newspapers Limited, publishers of Daily Independent, Mr Ted Iwere wrote: “in nominating you, the selection committee considered the pragmatism, commitment and courage exhibited by you since your assumption of office. Worthy of note is the restoration of the activities of both the state legislature and judiciary.

“In addition, your government has been small

and medium enterprise (SME ) friendly, empowering no fewer than 35000 small business owners. The massive construction and rehabilitation of roads, including the Operation Zero Potholes intensified by your government, continue to improve the movement of people, goods and services on the state’s network of roads”.

The Independent Newspapers Limited also pointed out that it recognised the improvement of internally generated revenue under the leadership of Governor Wike.

In a related development, the Sun Board of Editors has voted Rivers State Governor, Nyesom Wike as winner of the 2016 Governor of the Year.

In a statement by its Managing Director/Editor -in-Chief, Eric Osagie the Sun Newspapers said that Governor Wike was unanimously selected for his infrastructural revolution since assuming office.

In the health sector, Governor Wike is reconstructing 13 General Hospitals left to rot by Amaechi.

He has established a College of Medical Sciences at the RSUST and has reconstructed the Orthopaedic Section of the Braithwaite Memorial Hospital. In the education sector, 11 prominent secondary schools spread across the three senatorial districts are being rehabilitated and reconstructed. To improve security, Governor Wike has taken profound measures to ensure sustainable peace in the state . His amnesty programme which has been successful is novel in its implementation. The governor and local government areas have donated over 150 vans to security agencies.

Rivers State is in safe hands under the leadership of Governor Wike. He is creating a new Rivers State. There is no need for the deep bitterness.

Rivers is PDP, Rivers is new.

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T H I S D AY • TUESDAY, NOVEMBER 29, 2016

EDITORIAL AMNESTY AND THE PRO-BIAFRA KILLINGS The military must abide by the rules of engagement

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n yet another damning report titled, “Nigeria: ‘Bullets Were Raining Everywhere,’ Deadly Repression of Pro-Biafra Activists” Amnesty International (AI) last week alleged that the Nigerian troops killed no fewer than 150 members of Indigenous People of Biafra (IPOB) and MASSOB between August and now. “Hardly any allegations of crimes under international law and human rights violations by the Nigerian security forces, and in particular the military, are investigated.

If an investigation is carried out, there is no follow up.

Because no one has been seen to be held to account for serious human rights violations, an already pervasive culture of impunity within the military has been further strengthened”, said the report.

While the military authorities have responded with counter-allegations against the pro-Biafra groups without disputing the weighty claims in the AI report, we believe there is need to investigate the excessive use of force that is fast becoming a daily fare by the military. We also hope that the political authority in the country would take practical steps to remind the leadership of the military of their obligations to EVEN WHEN THE MILITARY citizens, especially DESERVES OUR SYMPATHY in a democracy. That AND SUPPORT FOR THE IPOB/MASSOB SACRIFICES THEY MAKE ON and other groups BEHALF OF THE NATION, peddle violence, as NOTHING CAN JUSTIFY THE contained in the statement by the SUMMARY EXECUTION OF CITIZENS WHO ARE MERELY military, cannot be EXERCISING THEIR RIGHT TO an excuse for the tragedy reported by PROTEST AI. It is particularly noteworthy that this is not the first time that AI would be accusing the Nigerian army of widespread abuses. However, the graphic video being currently circulated makes the accusation much more compelling and rather unhelpful for the image of our country. Thanks to social media, such images usually spread like wildfire and can only worsen the relationship

Letters to the Editor

E

T H I S DAY

EDITOR IJEOMA NWOGWUGWU DEPUTY EDITORS BOlAJI ADEBIYI, JOSEph UShIGIAlE MANAGING DIRECTOR ENIOlA BEllO DEPUTY MANAGING DIRECTOR KAYODE KOMOlAfE CHAIRMAN EDITORIAL BOARD OlUSEGUN ADENIYI EDITOR NATION’S CAPITAL IYOBOSA UWUGIAREN

T H I S DAY N E W S PA P E R S L I M I T E D

EDITOR-IN-CHIEF/CHAIRMAN NDUKA OBAIGBENA GROUP EXECUTIVE DIRECTORS ENIOlA BEllO, KAYODE KOMOlAfE, ISRAEl IWEGBU, EMMANUEl EfENI, IJEOMA NWOGWUGWU GROUP FINANCE DIRECTOR OlUfEMI ABOROWA DIVISIONAL DIRECTORS pETER IWEGBU, fIDElIS ElEMA, MBAYIlAN ANDOAKA, ANThONY OGEDENGBE DEPUTY DIVISIONAL DIRECTOR OJOGUN VICTOR DANBOYI SNR. ASSOCIATE DIRECTOR ERIC OJEh ASSOCIATE DIRECTORS hENRY NWAChOKOR, SAhEED ADEYEMO CONTROLLERS ABIMBOlA TAIWO, UChENNA DIBIAGWU, NDUKA MOSERI GENERAL MANAGER pATRICK EIMIUhI GROUP HEAD fEMI TOlUfAShE ART DIRECTOR OChI OGBUAKU II DIRECTOR, PRINTING PRODUCTION ChUKS ONWUDINJO TO SEND EMAIL: first name.surname@thisdaylive.com

between the military and the civil populace, especially under the current fragile political environment.

Therefore, dismissing the report and accusing AI of pandering to the predilections of pro-Biafra groups would not help in resolving the crisis of confidence that is fast eroding the credibility of our armed forces in the eyes of the ordinary Nigerians. Even when the military deserves our sympathy and support for the sacrifices they make on behalf of the nation at a most difficult period in our history, nothing can justify the summary execution of citizens who are merely exercising their right to protest.

We indeed sympathise with the military. From kidnapping to oil pipelines vandalism to armed robbery, Nigeria is today challenged on several fronts. And as crimes become prevalent, several military personnel are now being deployed to the states to aid the police in securing the peace. However, because of their operative rules and with insufficient training for their new roles, it is no surprise that there have been cases where the military evidently overstepped their bounds and engaged in activities that highlight conflicts between them and the civil populace.

However, no matter the provocation, the rules guiding the use of firearm by the military forbid deploying excessive force, especially against civilian citizens. Even a plea of self-defence neither avails nor exculpates the military from the murder of defenceless civilians. Under customary international law, anticipatory self-defence is lawful if the necessity is immediate, overwhelming and when there is no other choice. But much more importantly, the self-defence so applied must be proportional to the aggression being confronted.

The argument of the military that it intervened in the last Onitsha pro-Biafra agitation out of necessity to “prevent re-enforcement of the pro-Biafran members apparently surging ahead from the far side of the strategic Niger Bridge at Onitsha” is, to put it mildly, spurious. And even if such imperative necessity existed, indiscriminate shooting at peaceful protesters cannot be a way of resolving civil conflicts, especially in a democracy. It is unacceptable and that message must be made clear to the military by the highest political authority in the country.

TO OUR READERS Letters in response to specific publications in THISDAY should be brief (150-200 words) and straight to the point. Interested readers may send such letters along with their contact details to opinion@thisdaylive.com. We also welcome comments and opinions on topical local, national and international issues provided they are well-written and should also not be longer than (9501000 words). They should be sent to opinion@thisdaylive.com along with the email address and phone numbers of the writer.

LAGOS AND EMERGENCY MANAGEMENT

mergency management is defined by Wikipedia as the creation of plans through which communities reduce vulnerability to hazards and cope with disasters. Disaster management does not avert or eliminate the threats; instead, it focuses on creating plans to decrease the effect of disasters.

Failure to create a plan could lead to human mortality, lost revenue as well as damage to assets. Globally, due to the hazard of disaster, which is triggered by both natural and man induced actions, over the last decade, more than 600,000 lives have been lost while over 2.4 billon people have equally been negatively affected. A majority of this number live in developing countries like Nigeria. While it is true that years of both technological and economical development have brought huge gains to the world, it is equally a reality that the poverty of many have been deepen due to exposure to avoidable disasters.

In most cases, disaster happens suddenly in such audacious fashion, bringing about great damage or loss of lives and property. The damage caused by disaster is mostly immensurable and varies with geographical location, climate and the type of earth surface or degrees of vulnerability. This influences the mental, socioeconomic, political and cultural state of affected area and the people.

Experiences have shown that disasters on several occasions completely disrupt the normal day- to- day life, negatively influence the emergency system while normal needs and process like food, shelter and health are affected and completely deteriorate, depending on the intensity or severity of the disaster. It may also be termed as a serious disruption of the functioning of society causing widespread human, material or environmental loses which exceed the ability of the affected society to cope using its resources.

Despite the popular adage that says: “Prevention is better than cure”,

so many people still fall victims of avoidable disasters such as flood, fire and industrial. In as much as it is true that natural disaster such as earthquakes, hurricanes, earth tremor are largely unpreventable, man induced catastrophe is, nevertheless, caused by ignorance, carelessness and negligence. It may be necessary therefore to say that not all disaster can be avoided but proactive measures can be taken to avert large scale casualties. For instance, some disasters were avoidable especially those relating to ethnic and religious clashes that often influenced by selfish interest of individuals or groups. Equally, air crashes could also, to a large extent, be caused by human induced actions or failures. In Nigeria, there is the issue of frequent oil spills in the Niger Delta and increasing threat of desertification which could majorly be addressed through political will of our leaders. In Lagos State, over the years, much has been done in terms of disaster management. Currently, the Akinwunmi Ambode administration in the state is not leaving any stone unturned in its determination to upgrade disaster management mechanism in the state. To this end, new ideas and strategies are being conceived from time to time to ensure that the effects of both natural and man-induced disaster are mitigated as much as possible.

It is in furtherance of this resolve that the state government, out of its concern for the safety of human lives and property in the state, recently inaugurated the Emergency Management Volunteers (EMV) team. It is a concept which is born out of the Akinwunmi Ambode administration’s all-inclusive governance principle. The idea is to bring professionals from various works of life that are passionate about safety in their environs together in order to put up a common front in the all important task of disaster management.

Dennis Erezi, Ministry of Information & Strategy, Secretariat, Alausa, Lagos

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CONGRATULATIONS, ROTIMI AKEREDOLU

congratulate Rotimi Akeredolu on his victory at the November 26 Ondo gubernatorial elections.

If either Eyitayo Jegede or Rotimi Akeredolu had won, a lawyer would have won.

As a lawyer, I win both ways!

In any contest, there must be a winner, but it is not necessary that there must be a loser. If you learn from defeat have you really lost? I urge the Peoples Democratic Party to learn from this!

To those who have expressed anger about the election results, my counsel is this-Do not whine when you lose. Instead learn why you lost and tomorrow, while other losers are whining, you will be winning!

I call on the Governor-elect, Mr. Oluwarotimi Odunayo Akeredolu, to shun all those who have asked him to steer clear of Governor Olusegun Mimiko and

Mr. Eyitayo Jegede. The best way to extinguish your enemies is by making them your friends.

Mr. Akeredolu can afford to be magnanimous in victory and he should go for it. It will cost him little but gain him a lot. If he must drive the car he has just won to its destination he needs to focus on the windshield rather than keep looking over his back in which case he may have a crash.

And to the Independent National Electoral Commission that allowed itself to be used, as Jimoh Ibrahim confessed on video, what I will say is that they have not sown discord in Ondo.

They have only sown it for the man who sent them on that errand and he will surely reap what he has sown when and if he intends to marry again.

Reno Omokri, Pastor and founder of the Mind of Christ Christian Center

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29.11.2016

WEEKLY PULL-OUT

ONDO DECIDES: AKEREDOLU EMERGES Rotimi Akeredolu

2/DASHBOARD

29.11.2016

Lagos State Monthly Sanitation Cancelled: Declared Illegal, Unconstitutional PAGE 4

Lagos NBA Holds Valedictory Session for Late Sir Olaniwun Ajayi PAGE 5

Chief Judge FHC: Judiciary Responsible for Sustaining Democracy PAGE 5

‘No Cutting Corners in Legal Profession’ PAGE 6

QUOTABLES 'My team of lawyers is working assiduously to ensure that this grave injustice, again to subvert my mandate, through several devious means of propaganda, blackmail and unprecedented assault against the Judiciary, is corrected, using available legal means.'

– Eyitayo Jegede SAN, PDP Gubernatorial Candidate, Ondo State

'We cannot give more time to PDP in order to enhance its "winnerbility"". That's what PDP is asking for and that is impossible. You cannot treat equals unequally, or unequals, equally. All political parties are equal and they should be treated as such, notwithstanding their internal problems.'

– Dr. Tunji Abayomi, Legal Practitioner and Activist

NBA Loses Former General Secretary, Obi Okwusogu SAN PAGE 7

Globalisation of Legal Services: The African Story PAGE 10

Human Rights Lawyer, Agbaje Dies in LUTH PAGE 13

COLUMNISTS ADERINSOLA FAGBURE Aderinsola Fagbure is a keen writer having written her first article which was published by the junior section of a national daily, at the age of five.

She is a graduate of Igbinedion University Okada and has just completed a Master’s degree in Corporate Law at the University College London. Her column, “In black and white” discusses the need for innovation on the Nigerian legal scene particularly in the fields of Mergers and Acquisitions, Corporate Finance, Corporate Governance and Energy Law.

EMEKA AZINGE Emeka Azinge a.k.a Mr. Emedith holds a Bachelor of Law degree from Cardiff University, United Kingdom and a Masters of Law degree from King’s College London. He is currently pursuing a Doctorate of Business Administration (DBA) at the University of Liverpool. He has been called to Nigerian Bar, and is also a certified soft-skills and entrepreneurship facilitator, coach and mentor, who equally coaches lawyers on legal soft-skills. He is a member of the International Association of facilitators (I.A.F) and a Member of the Chartered Institute of Arbitrators, U.K. Nigeria Branch. He is the Managing Partner, EMEDITH SOLICITORS, a Corporate and Commercial Law Practice in Lagos.

‘Legal Catalyst’ is aimed at encouraging, motivating and inspiring legal practitioners around the nation and beyond to grow and thrive within whatever environment they find themselves as well as maximise their potentials, essentially by gaining self-awareness about their skills, interests, and values, and amplifying these via a plan of action for achieving goals.

ONIKEPO BRAITHWAITE EDITOR JUDE IGBANOI DEPUTY EDITOR TOBI SONIYI ASSISTANT EDITOR AKINWALE AKINTUDE REPORTER TUNDE BUSARI GROUP HEAD OCHI OGBUAKU II ART DIRECTOR

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Cryonics: Modern ‘Mummies’, Chance for Life After Death?

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bout ten years ago, I attended the funeral of the mother of a childhood friend of mine at the Cathedral Church of Christ, Marina. As I was contemplating whether to rush to my office briefly or just go to the cemetery directly from the Church, my friend informed me that they were off to Iju (if my memory serves me right, I think that was the place she mentioned), as her Mother had instructed that she be cremated. My friend sometimes has a strange sense of humour, so I wasn’t quite sure whether to take her seriously or not. When I realised that she was dead serious, I was a bit taken aback. Not that I didn’t know about cremation, after all, its the most common practice of corpse disposal in India, and is also fast becoming quite popular all over the world, but up till that point, I didn’t know anyone that had been cremated. I asked her why Aunty would pick such a way for her body to be disposed of, all that heat, reminding one of hell. My friend answered saying, what did it matter how one’s body is disposed of after death, that after all, the person wouldn’t feel the heat anyway, to which I responded “what if we need our bodies after death?” She looked at me strangely, as if I may be crazy!

be so crazy after all! Cryonics reminds me of the somewhat eccentric Dr Who in the classic science-fiction television series, that we all loved to watch as children.

The first person that was cryo-preserved was James Bedford in 1967. JS is one of ten Britons and the first British child to be cryogenically preserved. JS was taken to a facility in USA. Five or six bodies are stored in one twelve foot tank (to save space and cost), hanging upside down to protect their heads in case of nitrogen leakage, in a tank filled with liquid nitrogen at -196°C. Since JS, one hundred Britons have signed up for their corpses to be frozen in the facility that JS is in.

Legal Battle of JS The legal battle of JS at the Family Division of the High Court in London, was a landmark one, as she is the first child in the UK to win the right to decide what would happen to her body after death. Being a child, she was too young to make a legally recognised will and needed the permission of both her Parents

to sign up for the process. Her Parents are divorced, she lived with her mother and had not been in contact with her father since 2008. While she had the support of her mother and her maternal grandparents who were able to raise the £37,000 required for the cryogenic process, her father initially refused to give his consent.

JS then instituted legal proceedings through a solicitor in London, to ensure that her wishes were complied with. Being too ill to attend, she wrote to the Court saying “I have been asked to explain why I want this unusual thing done.

I’m only fourteen years old and I don’t want to die, but I know that I am going to. I think being cryo-preserved gives me a chance to be cured and woken up, even in hundreds of years’ time. I don’t want to be buried underground. I want to live and live longer and I think that in the future, they might find a cure for my cancer and wake me up. I want to have this chance. This is my wish”.

On October 6, 2016, Mr Justice Peter Jackson, ordered that JS’s mother should

Courageous JS Ten years later, we have the unique case of a fourteen year old British girl, ‘JS’ (only known as JS to protect her identity, being a child), who died of a rare form of cancer on October 17, 2016. Her dying wish was to be ‘frozen’ after death. This act known as “Cryonics”, is the science of using extremely cold temperature (-196°C) to preserve the body of a person, usually gravely ill, and could not be cured by contemporary medicine, with the hope that such a person can be restored to life and obviously good health in the future, when technology is advanced enough to do so. So, my thoughts about maybe needing our bodies after death, may not

Dear Editor Re: Islam, Mob Justice and the State & Ejigbadero, the Father of Land Grabbing Dear Editor, The subject-matter of your above-captioned articles made disturbing reading, even if in the latter case (Ejigbadero), sometimes hilarious reading! I agree with you that the resolution or lack of it, of the apparently religiously motivated

murders in Kano and Abuja is unsatisfactory. But no, Nigeria is neither a Banana Republic, nor do we have Kangaroo Courts!

Lastly, I think the Constitution should be amended to exclude murders or homicides from the crimes in respect of

which Attorneys-General may enter nolle prosequi. Or at the very least, to enable such decisions to be subject to judicial review by way of certiorari, or indeed, prohibition.

ADS, Abuja

Dear Editor, I must confess that I appreciate your erudite contribution of last week on the mob action of some individuals in the name of religion.

You were right on point, without genuflecting to the whims and caprices of religious bigots in strategic positions that insidiously and tacitly support these kind of actions that are capable of tearing this country apart. It beats every imagination and common sense that the Attorney-General of Kano State claims lack of evidence to prosecute a day light murder.

Coming to my intervention today, the ruling of the Appellate court has justified my concerns contained in my last mail to you about this man called Justice Abang, who has become the most controversial judge in Nigeria today, going by his "trademark" Rulings.I am not totally conversant with the disciplinary procedure of the NJC with regards to judges vis a vis judgements from their courts. However, my thinking is that when a judge consistently reels out judgements that are serially thrown out,

and in some cases, the judge is berated by a superior court, such a situation should raise a red flag for the NJC to look into the affairs of such a judge. I think people like you should elucidate more on this issue, to bring it to the attention of NJC for action to be taken.

The Judiciary should be the guarantor and custodian of our democracy, and we must all join hands to rid it of elements whose actions are capable of destroying our collective destiny.

Lloyd A

ONIKEPO BRAITHWAITE

THE ADVOCATE onikepo.braithwaite@thisdaylive.com have the sole right to make decisions about the disposal of her daughter’s body. He however, stressed that he was not making any ruling about the cryonic preservation. He also granted an injunction, preventing JS’s father from attempting to make any arrangements for the disposal of his daughter’s body.

USA and Russia permit cryo-preservation.

Alcor, a company based in Scottsdale, Arizona is the industry leader, while KrioRus, a Russian company, is the third biggest cryonics company in the world.

However, most European countries have legislation restricting the preservation of dead bodies. For instance, under French law, a corpse must be buried, cremated or formally donated to science.

Nigerian Factor Former Cuban President, Fidel Castro, who died on Friday, November 25th, 2016 at the age of 90, instructed that he should be cremated.

In Nigeria, I do not think that the issue of cryo-preservation can arise. We are certainly not ready for it and frankly, I don’t think we will be in the next 100 years! Apart from the fact that the process requires constant electricity supply to keep the bodies frozen at a particular temperature, something which we obviously do not have, our laws seem to be static, and not dynamic, changing to move with the demands of present time.

Even in the case of cremation, though the former Governor of Lagos State, Babatunde Fashola SAN signed a Cremation Bill into law in 2013, saying that “cremation is a way to go, given the mega-city status of Lagos”, the Pan Yoruba socio-cultural group, Afenifere, decried the cremation law, saying that it is against the tradition and culture of the Yoruba race. A lot of Nigerians, non-Yourubas too, share the sentiments of Afenifere, finding the act of cremation repugnant and against our culture, talk less of cryo-preservation!

"THE LEGAL BATTLE OF JS AT THE FAMILY DIVISION OF THE HIGH COURT IN LONDON, WAS A LANDMARK ONE, AS SHE IS THE FIRST CHILD IN THE UK TO WIN THE RIGHT TO DECIDE WHAT WOULD HAPPEN TO HER BODY AFTER DEATH. BEING A CHILD, SHE WAS TOO YOUNG TO MAKE A LEGALLY RECOGNISED WILL AND NEEDED THE PERMISSION OF BOTH HER PARENTS TO SIGN UP FOR THE PROCESS"

4/LAW REPORT

29.11.2016

Lagos State Monthly Sanitation Cancelled: Declared Illegal, Unconstitutional

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n the absence of any written law prescribing same, the 1st Respondent’s directive for people in Lagos State to stay at home and not move about thereby restricting the movement of people of Lagos State within the hours of 7.00am and 10.00am on the last Saturday of every month is unlawful, illegal and unconstitutional” “I find it shocking that the disobedience of the directive of the Governor has been elevated to a crime for which criminal sanctions attach...”

Facts May 25th, 2013, being the last Saturday in the month of May, was set aside for the environmental sanitation exercise and consequently, movement between the hours of 7a.m. and 10 a.m. was restricted, as it was customary in Lagos State. On the referenced day, the Appellant was arrested for violating the directive restricting movement during the stipulated hours for the sanitation exercise. Consequently, she was bundled into a “Black Maria” van with other purported offenders and was arraigned before the Special Offences Court where she pleaded guilty. She was convicted and fined N2,000.00 for “wandering, loitering and walking about in defiance of the monthly compulsory environmental sanitation exercise”.

High Court Proceedings The Appellant paid the fine and subsequently, instituted proceedings at the High Court of Lagos State against the Lagos State Government, for the enforcement of her fundamental rights. The Appellant sought for the following reliefs 1.1) a declaration that her arrest and detention by agents of the 1st Respondent violated her rights to dignity of human person, personal liberty and freedom of movement, as guaranteed by the Constitution and the act of the agents were therefore unconstitutional and unlawful. 1.2) a declaration that her purported trial and conviction for a supposed environmental offence, violated her fundamental rights to fair hearing provided under the Constitution and thus unlawful. 1.3) a declaration that the directive of the 1st Respondent restricting the movement of people in Lagos State within the hours of 7a.m. and 10a.m. on the last Saturday of every month, is unlawful and unconstitutional. The Appellant also sought orders of court restraining the Respondents from further restricting the movement of the Appellant or anyone at any time or arresting and trying anyone on the basis of environmental sanitation (1.4 and 1.5), as well as a refund of the N2,000.00 fine she paid (relief 1.6). She also sought exemplary damages in the sum of N5,000,000 (relief 1.7).

The Respondents filed a joint counter-affidavit in opposition to the Appellant’s application and after the hearing of the said application; the trial court dismissed the application in its entirety.

Court of Appeal Aggrieved, the Appellant filed an appeal at the Court of Appeal.

The Appellant formulated four issues which the court considered in the determination of the appeal Issues for Determination i. Whether the Appellant’s reliefs 1.2 and 1.3 before the trial court fall within the ambit of the Fundamental Rights Rules. ii. Whether section 41(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) can come in aid of the Respondents in this matter. iii. Whether the Appellant was duly charged under the extant Environmental Sanitation Law of Lagos State. iv. Whether the Appellant is not entitled to the reliefs that she claimed before the trial court.

Arguments On the 1st issue, the Appellant argued that the lower court erred when it held that reliefs 1.2 and 1.3 claimed before it were not cognizable under the Fundamental Rights Rules because relief 1.2 was an attack on the Special Offences Court, which is a Magistrate Court and which ought to be subject of an appeal, while relief 1.3 was not personal to the Appellant. She referred to section 36(1) & (6) of the 1999 Constitution and Article 7(1) & (2) of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act and submitted that the Statutes created a right which was enforceable, and where there has been an infraction of such right, the Appellant could seek redress under the fundamental rights enforcement procedure. The Appellant also referred to FRN v IFEGWU (2003) 15 NWLR (PT 842) 113 AT 18 E-H. The Appellant submitted that her arrest, trial and conviction pursuant to a directive of the Lagos State Government, which is not backed by law, is a breach of her right to freedom of movement.

In response, the Respondents argued that the Appellant’s relief 1.2 before the lower court challenged the jurisdiction of the Special Offences Court as well as the appropriateness of the procedure followed by that court, and any grouse with any judicial or quasijudicial body, may only be ventilated by way of an appeal or judicial review. The Respondents also argued that the Appellant’s claim under relief 1.3 was unfounded.

On the second issue, the Appellant submitted that there is no extant Environmental Law in Lagos State which provides for restriction of movement on the basis of the monthly compulsory environmental sanitation exercise imposed by the Lagos State Government, hence the lower court was in error when it held that the Appellant’s right to freedom of movement was not violated on account of the provisions of section 41 of the 1999 Constitution. She further argued that she was not charged for breach of any law, as the offence

In the Court of Appeal of Nigeria Holden at Lagos On Friday, the 4th Day of November, 2016 Before Their Lordships Sidi Dauda Bage Biobele Abraham Georgewill Ugochukwu Anthony Ogakwu Justices, Court of Appeal CA/L/1106/2014 Between Faith Okafor .... Appellant And 1. Lagos State Government 2. Attorney General, Lagos State ....Respondents (Judgment Delivered by Ugochukwu Anthony Ogakwu, JCA)

for which she was charged cannot be found in any written law.

The Respondents submitted that under section 20 of the 1999 Constitution, the State has the power to protect and improve the environment and this gave backing to the Environmental laws of Lagos State, particularly section 4 of the Environmental Sanitation Enforcement Agency Law which gave sanitation officers the power to carry out any other duty as may be directed by the Governor.

The Respondents posited that the provision justifies the restriction of movement on days of monthly environmental sanitation, the same having been directed by the Governor, even though the directive may not be in any law.

On the third issue, the Appellant posited that no charge was brought against her for any violation of the Environmental Sanitation Law of Lagos State. She contended that there is nothing in the extant Environmental Sanitation Law of Lagos State, 2001 creating the offence for which she was arrested. The Respondents, on the other hand, contended that even if the lower court was wrong in referring to a repealed enactment, the error would not affect the judgement. The Respondents argued that an appellate court could only interfere with the said judgement, if same occasioned a miscarriage of justice.

On the fourth issue, the Appellant argued that the lower court having found that reliefs 1.4, 1.5, 1.6 and 1.7 sought by her fell within the ambit of the Fundamental Rights (Enforcement Procedure) Rules, it ought to have made specific findings on same. She further contended that the humiliation and psychological trauma she faced by being conveyed in the “Black Maria” van warranted an award of exemplary damages in her favour. The Appellant thus, invited the Court of Appeal to invoke its powers under Section 15 of the Court of Appeal Act and grant all the reliefs. In response, the Respondents argued that the Appellant having disregarded the directives of a constituted authority is not entitled to any of the reliefs. The Respondents further submitted that the Appellant failed to prove the existence of any legal right or any violation of her fundamental rights or that the Respondents’ conduct was outrageous.

Court’s Rationale and Judgment On the first issue, the court stated that in order for a cause of action to be justiciable under the Fundamental Rights (Enforcement Procedure) Rules, it must come within the ambit of the enforcement of any fundamental right contained in Chapter IV of the Constitution in the sense that the applicant alleges that any of the provisions of the Chapter has been, is being or is likely to be contravened in relation to him. The appellate court placed reliance on the decision of Uwaifo JSC in FRN v IFEGWU (Supra).

The court opined that since the Appellant’s relief 1.2 alleged

"......JUDGMENT OF THE COURT OF APPEAL WHEREIN IT MADE A DECLARATION INTER ALIA, THAT IN THE ABSENCE OF ANY WRITTEN LAW PRESCRIBING SAME, THE 1ST RESPONDENT’S DIRECTIVE RESTRICTING THE MOVEMENT OF PEOPLE OF LAGOS STATE ON THE LAST SATURDAY OF EVERY MONTH, ON THE BASIS OF THE MONTHLY SANITATION EXERCISE IS UNLAWFUL, ILLEGAL AND UNCONSTITUTIONAL"

violation of her right to fair hearing and relief 1.3 sought an enforcement of the right to freedom of movement, they clearly fell within the ambit of the Fundamental Rights under Chapter IV of the Constitution, which could be enforced in an action under the Fundamental Rights (Enforcement Procedure) Rules. As regards relief 1.3 which was also struck out by the trial court on the ground that same was personal to the Appellant, the appellate court placed reliance on Paragraph 3(e) of the Preamble to the Fundamental Rights (Enforcement Procedure) Rules which states that anybody and not necessarily the person whose right has been infringed upon can bring the application to enforce the right. The Court therefore, held that the lower court was wrong to have struck out the said reliefs.

In its determination of the second issue, the Court of Appeal held that for the directive of the Governor on restriction of movement to merit justification under section 41(2), the restriction must be directed at a person who has committed or is reasonably suspected to have committed an offence or for the removal of such person from Nigeria to stand trial or serve imprisonment outside Nigeria and anything otherwise renders such directive unconstitutional, unlawful, illegal and without any force of law.

The Court also relied on section 36 (12) of the 1999 Constitution which provides that a person shall not be convicted for a criminal offence unless same is defined and the penalty prescribed in a written law.

The court held that there was nothing in the record suggesting that the restriction on the movement of the Appellant was in order to prevent her from leaving Nigeria after committing an offence or being reasonably suspected of committing an offence, or for the purpose of deporting her to stand trial or serve imprisonment outside Nigeria. Hence, the restriction of the Appellant’s movement on 25th May 2013, her arrest, trial, conviction and punishment which were not based on any written law but on the directive of the Lagos State Government, constituted a breach of the Appellant’s fundamental rights.

On the 3rd issue, the court posited that an appellate court is concerned with whether the decision of the lower court is right or wrong and not whether the reasons for the decision are right or wrong. The court also relied on section 30 of the Interpretation Act. Further to this, the court held that if the Environmental Sanitation Law referred to by the lower court has in fact been repealed, then reference would be construed to be to the extant Environmental Sanitation Law. This issue was resolved in favour of the Respondents.

On the 4th issue, the court opined that the striking out of reliefs 1.2 and 1.3 by the lower court albeit wrongfully, was a pronouncement on the fate of the other reliefs claimed, contrary to the erroneous argument of the Appellant that the court did not make pronouncements on the other reliefs. Further to this, the appellate court reformulated the issue j "THE RELIEFS SOUGHT”. On the first relief sought before the lower court by the Appellant which was for a declaration that her fundamental rights to dignity of human person, personal liberty and freedom of movement had been infringed upon, the court of appeal relied on section 34(1)(a) which provides that no person shall be subjected to inhuman or degrading treatment and section 41(1) which stipulates that every citizen of Nigeria is entitled to move freely throughout Nigeria. The court held that the Appellant had shown by her affidavit evidence that she was arrested, her liberty restricted and she was herded into a Black Maria van, all this done in the absence of any written law justifying same.

The court also found that the purported trial and conviction of the Appellant for an offence which was not prescribed in any written law, was a violation of her right to fair hearing. The court also reiterated its position on the second issue for determination that the Appellant’s right to freedom of movement was violated.

Following this, the court held that the Appellant had sufficiently proved her entitlement to reliefs 1.3, 1.4 and 1.5.

However, as regards the refund of the fine paid by the Appellant sought in the Appellant’s relief 1.6 before the lower court, the Court of Appeal held that since the matter is not an appeal emanating from the decision of the Special Offences Court and there is no relief sought for an order setting aside the decision, there is no justifiable basis on which an order of refund of the fine paid can be made. As regards the Appellant’s claim to exemplary damages in relief 1.7, the court held that in order to justify an award of exemplary damages, it is not sufficient to show that the defendant has committed the wrongful conduct complained of, the claimant must also show that the defendant’s conduct was high-handed, outrageous, oppressive or malicious and showing contempt of the plaintiff’s right. The court then held that although it was proved that the Respondent committed the wrongful conduct complained of, the available evidence before the lower court did not disclose malice, cruelty or fraud towards the Appellant, hence could not ground an award of exemplary damages in her favour.

On the whole, the Court of Appeal allowed the appeal, set aside the ruling of the lower court and substituted the ruling with the judgment of the Court of Appeal wherein it made a declaration inter alia, that in the absence of any written law prescribing same, the 1st Respondent’s directive restricting the movement of people of Lagos State on the last Saturday of every month, on the basis of the monthly sanitation exercise is unlawful, illegal and unconstitutional.

Representation: For the Appellant - Ikenna Okoli Esq., U. Obiora Esq. For the Respondent - Adeniji Kazeem Esq., Hon. Attorney-General of Lagos State with Akinkunmi Idowu Esq., Director, Civil Litigation, Ms T. Oshodi, Asst Director, Adebayo Haroun Esq. Asst. Director, Ms Olayinka Oyegunle, Chief State Counsel and Olakunle Olanrewaju Esq. State Counsel.

Reported by Optimum Law Publishers Limited, Publishers of the Nigerian Monthly Law Reports (NMLR)

29.11.2016

NEWS/5

Lagos NBA Holds Valedictory Session for Late Sir Olaniwun Ajayi Jude Igbanoi

L-R: Honourable Justices Nicol-Clay, Candide-Johnson, Oke (Admin Judge, Lagos), Onyeabo and Kasali of the Lagos State High Court at the valedictory Court Session organized by NBA Lagos Branch in honour of the late Sir Olaniwun Ajayi

Chief Judge FHC: Judiciary Responsible for Sustaining Democracy Tobi Soniyi in Abuja The Chief Judge of the Federal High Court, Justice Ibrahim Auta, has said that the judiciary should take the credit for the sustainance of democracy in Nigeria.

Auta, who spoke in Abuja, at a sensitisation seminar for Stakeholders on the Challenges to Deposit Insurance Law and Practice, said the Federal High Court in particular, had done

more to institutionalise democracy in the country.

He said, "Whether it is recognised or not, I dare say that the democracy we enjoy today, just like the financial system stability being witnessed in this country, is unilaterally attributable to the judiciary".

"We consciously refrained from any pronouncement that will undermine free and fair elections through our courage,

vision and dynamism, as well as proactivity. But, unfortunately, we are handicapped, as no one can blow our trumpet for us."

He called on judges to be more courageous in supporting government's policy that would entrench the rule of law, economic prosperity, and the well-being of the citizens, as long as such government policy was supported by law.

Auta said the judiciary

welcomed collaboration with the Nigeria Deposit Insurance Corporation (NDIC) adding that, "as the last hope of the common man, the judiciary has a vital role to play in strengthening the Nigerian financial system".

According to him, collaboration between NDIC and the judiciary is imperative and invaluable, for the sustainable growth of the nation's economy.

Institute of Arbitrators Admits Judges, SANs as Fellows Akinwale Akintunde Thirty-two Judges and four Senior Advocates of Nigeria were among 64 persons admitted as Fellows of the Nigerian Institute of Chartered Arbitrators (NICArb) last Friday.

Aside from the 64 persons admitted as Fellows, the institute also admitted 124 associates and 34 qualified mediators during its 2015/2016 annual investiture and award ceremony held at Oriental Hotel, Victoria Island, Lagos, last Friday.

Some of the judges admitted as Fellows of the institute are Justices Habeeb Abiru and Oyebisi Omoleye of the Court of Appeal; the Chief Judge of Lagos State, Justice Oluwafunmilayo Atilade, and former Chief Judges of Lagos and Edo states, Justices Ayotunde Phillips (rtd.) and Constance Momoh (rtd.) respectively.

Others are Justices Funmi Ofodile (rtd.), Opeyemi Oke, David Mann, Salisu Garba, Esther Lolo, Binta Nyako, Olanrewaju Onafowokan, Adenike Coker,

Beatrice Oke-Lawal, Catherine Ogunsanya, Lateef Lawal-Akapo, Olugboyega Ogunfowora and Pius Idiong.

Also admitted are Justices Tajudeen Okunsokan, Ibrahim Muhammed, Oluwatoyin Taiwo, Abubakar Yahaya, Maureen Onyetenu, Obiora Uchenna, Godwin Abraham, Kurya Haruna, Akinfemi Owoyemi, Babatunde Bakare, Iboro Ukpanah, Abdulfattah Lawal and Roland Amaize (rtd.).

The Vice-President of NICArb, Prof. Fabian Ajogwu (SAN), in his welcome address, noted that the divisiveness of litigation and the increased cost implication of settling disputes in the court, had created an opportunity for the growth of the Alternative Dispute Resolution mechanisms.

Ajogwu said this had opened opportunities for professionals from diverse fields and retired judges to practice as arbitrators and benefit from ADR. He expressed worry that despite having competent arbitrators in Nigeria, a lot of

home-generated disputes were still being taken outside the country to settle.

“It is our belief that the time has come for a reversal of this trend. With qualified persons in the institute, there should be no excuse to seek expertise outside, except, of course, in international commercial arbitration; or where the specific circumstances of a case so demand", Ajogwu said.

He added that Nigeria needed to work hard at ensuring that arbitral awards were not easily set aside by the courts.

The Keynote Speaker, Dr. Nike Akande, stressed the need to boost investor’s confidence in the country as an urgent step out of the current economic situation in Nigeria.

Speaking on the theme, ‘International Investment Transactions and Dispute Resolution-Promoting Alternative Dispute Resolution in Nigeria,’ Akande, who is the President of the Lagos Chamber of Commerce and Industry

(LCCI) said this can only be done with a strong dispute resolution mechanism in place.

She explained that it was in view of this, that the LCCI established the Lagos Chamber of Commerce and Industry Arbitration Centre and recently launched its Commercial Dispute Management Network.

“We need investors now more than ever before. We need private capital both from within and abroad to stimulate the economy. An important factor to make this happen is to ensure a dispute resolution mechanism that would inspire the confidence of investors”, she noted.

Among the 63 Fellows admitted for the 2015/2016 NIArb session, Justice Binta Nyako was named the winner of the Aare Afe Babalola prize, for the overall best candidate for writing assignment, while Justice Opeyemi Oke received the Judge Bola Ajibola’s prize for the first runner-up in the category.

The Lagos branch of the Nigerian Bar Association last Friday held a valedictory Court Session for the late quintessential lawyer, politician and activist at the Lagos State High Court, Igbosere.

The session which was presided over by Hon Justice Oke, representing the Chief Judge of Lagos State had in attendance over 30 Senior Advocates of Nigeria and more than 15 judges of the Lagos High Court, including Hon Justice Taiwo Taiwo of the Federal High Court.

The Attorneys-General of Lagos and Ogun states, Chief Wole Olanipekun SAN, representing the Body of Senior Advocates of Nigeria, NBA Lagos and Ikorodu branch chairmen all showered encomiums on the late legal titan, whose law firm has produced two senior advocates of Nigeria and a judge of the Federal High Court.

Sir Olamwun Ajayi KJW (Knight of John Wesley), a Barrister of the Inns of Court of England, a Barrister, Solicitor and and Notary Public of the Supreme Court of Nigeria was born on April 8, l925 in Isara Remo in Ogun State.

Ajayi completed his education at Wesley College Ibadan in 1949 and thereafter taught at the Wesley School Oko, Sagarnu between 1950 -1952 and became the Headmaster of the Junior Primary of the School in 1953, where he served for two years.

In July 1957, he left for the United Kingdom to further his studies and was admitted to the City of London College, Moorgate, London (now known as City University) where, he studied to qualify as a Chartered Secretary and became a Fellow of the Chartered Institute of Secretaries and Administrators.

Sir Olaniwun Ajayi gained admission into the London School of Economics and Political Science, University of London in 1959 where he obtained a degree qualification in Law, working his way through school. During that period, he enrolled at the Council of Legal Education; Lincoln's Inn, in 1959 and was called to the English Bar in July 1962.

He was enrolled as Solicitor and Advocate of the Supreme Court of Nigeria on November 2, 1962, the same day he began his outstanding legal career by joining the defence team in the treasonable felony trial of Chief Obafemi Awolowo, SAN. Legal Practice On November 2 1962, Sir

Olaniwun Ajayi founded the law firm, 'Olaniwun Ajayi,' as a sole practitionership, which from the onset, was an international legal practice. Sir Olaniwun Ajayi was always impeccably dressed as a lawyer should. He was always distinct, always immaculately clean. A gentleman, Sir Ajayi was an embodiment of everything noble about the legal profession.

Sir Olaniwun Ajayi's law firm provided services in legal advisory, arbitration and receivership. He handled two of the earliest cases on receivership in Nigeria - Intercontractors Nigeria Ltd v. National Provident Fund Management Board and Intercontractors Nigeria Ltd v. UAC of Nigeria Ltd both reported in the Nigeria Weekly Law Reports - [1988) 2 NWLR (Pt. 76) 280 and [198812 NWLR (Pt. 76) 303, respectively.

Prior to that, the subject had only been dealt with by the Supreme Court in one case.

Sir Ajayi was particular about the quality of work which emanated from the Firm; he never condoned tardiness from any of his lawyers. A stickler for time, he was never late, and every file on which Sir Olaniwun Ajayi worked on was up to date. From the onset, he invested in the latest technology to aid his practice. He was one of the first lawyers in that clime to use a computer.

Sir Olaniwun Ajayi retired from active practice about 20 years ago, handing over the reins of his legal practice to Konyinsola Ajayi SAN, under whose leadership, the Firm evolved into a limited partnership, Olaniwun Ajayi LP. To God's glory and his joy, Sir Ajayi witnessed in his lifetime the birth of two Senior Advocates of Nigeria, from his Firm; Prof Konyinsola Ajayi SAN and Mr. Oluseye Opasanya SAN. The fact that the firm which he founded about 53 years ago is notable among the leading law firms in Nigeria; well-managed, internationally competitive, with specialised practice areas, is a testament to the foundation the Lord laid using Sir Ajayi. This foundation has grown the firm from a sole practitionership to one of the largest and open partnerships in Sub-Saharan Africa and over the last five decades, (now) Olaniwun Ajayi LP has established a sterling go-to reputation particularly in the areas of commercial litigation, banking, finance and capital markets work and in advising government at both federal and state levels.

Breach of Contract: Trade Minister, Enelamah’s Company Sued for $249m Akinwale Akintunde African Capital Alliance Ltd (ACA), a company co-founded

by Nigeria’s Minister of Trade, Industry and Investment, Okechukwu Enelamah, has

been sued for $249 million for breach of contract, breach of confidentiality obligations and unlawful interference with economic interests.

Enelamah was the CEO of ACA until his appointment as

minister, late last year.

Petroleum Zion Exploration and Production Ltd sued ACA alongside other defendants, before a Federal High Court sitting in Lagos.

The plaintiff claims that ACA

unlawfully interfered with it’s transaction to purchase Afren’s stake in Oil Mining Lease (OML) 26, with a production potential over 10,000 barrels of oil per day.

Joined in the suit, as co-

defendants, are PJT Partners UK Ltd, FHN 26 Ltd, Wilmington Trust (London) Ltd, Vertex Energy Ltd, Department of Petroleum Resources, and Ministry of Petroleum Resources.

Others parties are Simon

Jonathan Appell, Daniel Imison and Ms. Catherine Williamson (who are being sued in their capacity as UK Administrators of Afren UK Plc and Afren

CONTINUED ON PAGE 6

6/

29.11.2016

SC: Whether AG Can Nominate His Lawyer to Defend Accused Tobi Soniyi in Abuja Ogun State has filed an appeal against the judgment of a Court of Appeal, which held that the State's Attorney-General could not be the prosecutor and at the same time, the defence counsel, in a criminal trial.

The Supreme Court, in appeal number SC/449/2014, is being asked to determine whether the AG, who prosecuted a criminal trial was right in nominating another lawyer from his Ministry, to defend an accused person that he is prosecuting.

If the Supreme Court overturns the judgment of the Appeal Court, it then means that the attorney-general, who is always the prosecutor in a criminal matter against the state, can also represent an accused person in the same matter.

The Court of Appeal sitting in Ibadan, had upheld the appeal of one Akeem Jimoh who was convicted of armed robbery in 2005 by an Ogun State High Court.

In setting aside Jimoh's conviction, the Appeal Court held that, the state could not be the prosecutor and at the same time the defence counsel in a criminal trial.

The court held that, Jimoh did not get fairtrial, since he was not allowed to get a counsel of his choice before being sentenced.

The court freed the suspect, who was sentenced

to death, for not being given a fair trial.

The court, in ordering Jimoh's release said he was not given fair trial at the high court.

Justice Monica Dongban-Mensem who delivered the lead judgment, upheld the argument of his counsel, Mr. Musibau Adetunbi, that it was wrong for the AG who prosecuted the case, to nominate another lawyer who was also in the employment of the Ogun State Government to be the defence counsel.

The court held that Jimoh had been in prison custody due to lack of fair hearing, and should not be subjected to re-trial, as doing so would amount to double jeopardy.

However, the court ordered a fresh trial of another suspect, Mr. Matthew Ibiloye, whose right to fair hearing was also found to have been breached.

Jimoh and Ibiloye were arrested for armed robbery about 10 and 11 years ago, and were convicted and sentenced to death.

Shortly after the lower court sentenced them to death, their counsel, Adetunbi, challenged their conviction on appeal.

According to him, the Attorney-General of Ogun State was the prosecutor and the respondent in the case.

Adetunbi had told the court that a department in the State's Ministry of Justice, Citizens' Rights Department should not have been involved in

defending the accused during the trial.

To him, the action of the attorney-general of the state in defending the accused persons, offended the principle of natural justice.

After parties in the matter made their submissions, Justice Mensem in her judgment, nullified the conviction and sentencing of Jimoh.

The court held, "In this appeal, it is certainly strange to this court and no doubt obnoxious to know that, the defending counsel is the same as the prosecuting counsel, in that the learned counsel each acted as representatives of the Attorney-General of the Ogun State, Ministry of Justice".

"I find the conviction and sentence of the appellant in the circumstances, unsupportable in law, being a nullity. The appellant cannot be said to have had a fair trial. Accordingly, the decision of the learned trial court is hereby set aside as null and void. It would constitute double jeopardy, to subject the appellant to another trial."

"The just thing to do therefore, is to put an end to the travails of the appellant, who has been in prison since his conviction and sentence on 21/06/05. The appellant is dischaged and acquitted from prison forthwith."

Ibiloye was however not that lucky, as the court ordered that his trial should begin afresh.

Justice Chidi Uwa, in a separate judgment, agreed that the Attorney-General of the state

was wrong to have acted as the prosecutor and defendant in the case. He therefore, set aside the conviction and the sentence passed against Ibiloye.

Justice Uwa said, "In conclusion, I hold that the appeal has merit and is hereby allowed. Suit no. AB/8R/2007 is remitted back to the Chief Judge of Ogun State for trial de novo, before another judge of the Ogun State High Court. The trial should be accelerated considering the age of the matter".

While the case was on, Adetunbi had told the attorney-general of the state, that it was an injustice against his clients, the act of counsel from a department in the Ministry of Justice to representing his client, because the same case was being prosecuted by the same ministry.

Mr. Adetunbi had argued, "Our contention is that the Ministry of Justice of Ogun State is a single ministry under the direct supervision of the learned Attorney-General and Commissioner for Justice, Ogun State".

"The fundamental, yet elementary principle of law, that justice must not only be done, but must be seen visibly to all that justice is indeed done and thus, no matter how perfect the proceeding or the skills of thecounsel from the citizens' right department, the outcome of such a proceeding cannot be seen as justice, as the Ministry of Justice under disguise, is playing for both teams on either side of the pitch".

BREACH OF CONTRACT: TRADE MINISTER, ENELAMAH’S COMPANY SUED FOR $249M CONTINUED FROM PAGE 5 Nigeria Holdings Ltd).

In the court papers, the plaintiff contends that, sometime in 2015, Afren Plc (a UK listed Pan- African Oil and Gas Company currently under insolvency) mandated PJT Partners (a subsidiary of Blackstone Group UK) to liquidate all its assets in Nigeria, including its 100% stake in FHN26 (a special purpose vehicle that owns a 45% interest in OML 26).

The plaintiff expressed interest in acquiring the said stake in OML 26 (the “Sale Asset”) and was eventually declared preferred bidder,

whereupon it commenced negotiations, in good faith, and reached an agreement to execute a Sale Purchase Agreement in respect of the Sale Asset (SPA).

According to Petroleum Zion, due to the global fall in oil prices, which impacted the value of the Sales Asset, the deal was later renegotiated, during which price sensitive and propriety information was divulged on a confidential basis for 10 months, between August 2015 and May 2016.

However, PJT Partners in handling the transac-

tion on behalf of Afren’s administrators, breached their confidentiality obligations owed to the plaintiff, unlawfully disclosing the plaintiff’s bid price and other sensitive information to ACA (who secretly joined the bid process later) and now on the verge of concluding the transaction, leveraging the sensitive information unlawfully obtained from PJT Partners to its advantage.

The plaintiff contends that PJT Partners disclosed the sensitive information it gathered from it (Petroleum Zion) including renegotiated terms to ACA, which made it easy for ACA

to want to close the transaction..

Petroleum Zion is, inter alia, asking the court for an order mandating First Hydrocarbon Nigeria Company Ltd and or Wilmington Trust (as Security Trustees of the Sale Asset) to execute the draft SPA in the form agreed with Petroleum Zion as at May 24, 2016.

The plaintiff is also seeking $230m as damages against PJT Partners UK for disclosing its sensitive information to competitors and an additional $8.94m as compensation for expenses it incurred as a result of the defendants’ bad faith.

Legal Personality of the Week Stanley Ibe

‘No Cutting Corners in Legal Profession’ I am Stanley Ibe, Associate Legal Officer for Africa at the Open Society Justice Initiative, where I am primarily responsible for criminal justice projects in the region. My areas of expertise include Africa regional human rights system, pre- trial justice reform and socio-economic rights.

Prior to Open Society, I was Senior Programme Manager at Constitutional Rights Project, where I led a coalition of civil society groups to respond to Nigeria’s submission at the United Nations Universal Periodic Review Session in 2008. I was also pioneer Programme Officer responsible for managing Nigeria’s first set of law clinics under the auspices of Network of University Legal Aid Institutions (NULAI Nigeria); and Legal/Programme Officer at the Human Rights Law Service (HURILAWS), where I provided research and technical support in drafting an amicus brief that contributed to the release of 360 pre-trial detainees in one of Nigeria’s largest prisons.

I am a Reagan-Fascell democracy fellow at the National Endowment for Democracy, Washington DC (2016/17). I was a Draper Hills summer fellow at Stanford University’s Centre on Democracy, Development and the Rule of Law (2014); and a Mundo Scholar at Maastricht University’s Magister Iuris Communis (MIC) Program (2005/6). I received an LL.M with specialisation in globalisation and human rights from Maastricht University, The Netherlands; an LL.B from Lagos State University, Nigeria; and two postgraduate diplomas in international protection of human rights and socio-economic rights from Abo Akademi University, Finland.

I am the author of Lawyer at the Police Station Door: How REPLACE Provides Legal Aid in Nigeria (2015); co-author of three books including Budget Analysis II: Test of Progressive Realization of Millennium Development Goals in Nigeria (2010); and editor of Enforcing Economic, Social and Cultural Rights in Nigeria: Rhetoric or Reality (2005). My writings on access to justice,

people who were facing trial on account of what they firmly believed in. They were unfortunately wrongly labelled by the powers that be, ostensibly to get them to drop their aspirations, but they were too committed to draw back. Eventually, the courage of their conviction helped them pull through what was a period of horrible trial for them.

Stanley Ibe

national criminal justice reforms, human rights and international criminal justice have appeared in African Human Rights Law Journal, African Journal of Clinical Legal Education and Access to Justice, African Journal of International Criminal Justice and Pan African Yearbook of Law, among others.

Have you had any challenges in your career as a lawyer and if so what were the main challenges?

Yes, I have had a couple. In the context of Nigeria, the challenges include limited access to resources for learning and scholarship, restrictive academic environment, remarkably slow pace of criminal justice administration and limited engagement between the “town” and the “gown” particularly in the field of law.

What was your worst day as a lawyer?

Perhaps the day I was denied the opportunity of providing legal support to a group of young

What was your most memorable experience?

I wish I had more than one option. I might say the adoption by the African Commission on Human and Peoples’ Rights of Guidelines on Conditions of Arrest, Police Custody and Pretrial Detention – the culmination of about four years of path-breaking work that I had the honour to co-lead. The guidelines are extremely significant to the extent that they represented the first attempt to pull together regional standards on the subject. Fortunately, the process leading to adoption was inclusive and open, so we could get support from across the continent.

Who has been most influential in your life?

Pretty difficult question because life is in phases.

Clearly, my parents and siblings provided the support and encouragement I needed to take the most important steps in my formative years.

My wife and daughters continue to spur me to greater heights. In my legal career, I have also had the exceptional privilege of finding and keeping great mentors – Dr. Chidi Odinkalu, Mr. Ibrahima Kane, Dr. Olisa Agbakoba, SAN, Professor Ernest Ojukwu, SAN, Professor Ayo Atsenuwa, Mrs. Oby Nwankwo and Hajia Saudatu Mahdi, to mention a few. We might say that these individuals played the most influential role in my life at different stages of my personal and professional life.

Why did you become a lawyer?

I thought it was a great way to give expres-

sion to my desire to address some of the most incredible violations I witnessed as a young adult. There was one particular incident which will remain with me for a long time.

A younger cousin of mine – a minor - was arrested and detained by law enforcement for playing football on the streets of Lagos. I found it rather strange that rather than see the obvious violation for what it was, there was an unnecessary argument about some “big woman” who felt offended that small boys were disrupting her movement by playing football on a public holiday in an areas of Lagos where there was no alternative to using the roads. The boy ended up staying behind the counter for a couple of hours, before the officers reluctantly released him.

What would your advice be to anyone wanting a career in law?

Find your path. Every professional has a place in this profession. Some may choose the path of “short cuts,” but there is only so far that you can go by cutting corners. If you remain focused on serving the public professionally, it is only a matter of time before you find that path and fit there.

If you had not become a lawyer, what would you have chosen?

I surely would have become a professional footballer. I thoroughly enjoyed playing football from my early years through secondary school and during the mandatory national service.

Unfortunately, I didn’t quite understand at that time that finding my path and fitting there could substantially transform my life. Anyway, I still get to play football in my spare time.

Where do you see yourself in ten years?

In Africa, contributing to the growth of institutions that hold governments and individuals accountable for their actions and inactions.

29.11.2016

TRIBUTE/7

NBA Loses Former General Secretary, Obi Okwusogu SAN Jude Igbanoi

D

eath struck in the heart of the Nigerian Bar Association last Tuesday night with the sad news of the unfortunate demise of its former General Secretary, Mr. Obi Okusogwu SAN. Many still find it difficult to believe that the ebullient, jovial and ever smiling Senior Advocate is no more. Okusogwu’s Conviviality, cheerfulness and ever smiling face could never be missed at any gathering of lawyers. His trademark grey hair distinctly made him stand out, and according to an Abuja based lawyer, Mr. Onyema Ommenuwa, ‘Okusogwu is one lawyer whose white hair could easily pass for a wig.’ After the Port Harcourt debacle which saw the NBA go into hibernation from 1992 – 98, the association bounced back in 1998 and Obi Okwusogu indicated interest in running for the office of General Secretary. Against the advice of lawyers of Igbo extraction, who felt the East needed to bide their time for that position, Obi ran and won, becoming the NBA General Secretray with Chief T.J. Okpoko as President between 1998 and 2000.

Okusogwu graduated from the University of Wales, Cardiff in 1978 with a degree in Economics, later topping it with a law degree. He was called to the Bar at the Gray’s Inn in 1981 later called to the Nigerian Bar in 1983.

In 1983, he started his pupillage in the chambers of Mr H.A. Lardner SAN where he rose to the position of Deputy Head of Chambers.

He was appointed a Notary Public in 1988 and served on the Council of Legal Education, the Legal Aid Council and on the General Council of the Bar, amongst others.

Okusogwu was elevated to the Inner Bar as Senior Advocate of Nigeria in 2008 and he was a member of the Body of Benchers, Nigeria.

He distinguished himself in Litigation, Alternative Dispute Resolution, Intellectual Property and Medical Malpractice. He was an Associate member of the Chartered Institute of Taxation of Nigeria and a Fellow of Institute of Legal Executives of Nigeria.

A consummate Bar Man, Okusogwu was entrusted with the delicate responsibility of midwifing the NBA elections for national offices in 2010 at the Association’s summit at Ibadan. As Chairman of the 5-man Electoral Committee, Okusogwu worked tirelessly, managing over 1,500 delegates to ensure that the NBA had a smooth, fair and credible elections.

That election was a litmus test for the NBA, being the first time in the Association’s history elections were being held outside of the NBA annual general conference.

Okusogwu lived up to his reputation as an astute, firm and unbiased umpire without a single complaint or petition from the elections.

In an exclusive interview with Jude Igbanoi of THISDAY LAWYER a few weeks to the elections, he was asked ‘Do the election guidelines allow for proxy votes? For instance, a Senior Advocate who is very old and can’t travel, can he delegate someone to vote for him? He sharp response was ‘No! definitely not!’

Excerpts from the interview of Thursday July 22, 2010 ‘There have been complaints about the mode of selection of delegates from the branches. Many have argued that it is not equitable. In many instances branch chairmen are said to handpick members of their branches who are favourably disposed to their candidates of choice, which is why we keep seeing block votes at the elections.

The trend is that most branches vote in one direction. How can this be addressed?

I know it happens. But because of the peculiar position which you Nigerian lawyers have entrusted to me, I would rather reserve my comments on this, but I would not pretend that it doesn’t exist.

What have you observed as the level of compliance by the candidates with the election guidelines? So far has your committee had any problems with any candidate with regard to compliance?

Yes, we have had a lot of problems.

The guidelines were provided to enable us have an election in the best tradition of the Bar. The NBA constitution clearly fashioned this out. It says you are not to vilify any other candidate or extol yourself.

But some have gone out of their way to do exactly what the constitution forbids them from doing. The committee had no other choice than to read the riot act to all the candidates. We did this at Abuja. I am quite pleased with the level of attendance and the seriousness with which they took it. this was two Fridays ago. They have since then complied. I am sure the SMSs messages coming in now have all been watered down. They are now ‘lease vote for me.’ This is how lawyers should conduct themselves. But before then it was everyman for himself. Some went on the electronic media, some on the print media doing all sorts of things. It’s totally wrong and we pointed it out to them.

Some of them even used proxy. But I can assure you now that I wake up every morning receiving peasant sms, some saying ‘good morning’, others just praying for you.

It’s so nice now. You might find some of the messages a bit irritating, buts all toned down now.

This election has witnessed an unprecedented level of electronic campaigning through text message and through the internet. What impact has this had so far on the elections?

I think it goes to show some degree of sophistication that we have come to. That is the impact information technology has come to have on our election. Formally people complained that there were too many posters, but now it has gone electronic.

To my mind, I think it’s nice. Probably all that we might witness in Ibadan could just be a few posters showing the faces of the candidates. So, the next messages to my mind are okay.

The new election guidelines also prohibit candidates from donating money to branches.

It was rumoured in the past elections that some candidates would visit branches and donate money discretely. May they visit a branch and there is some project going on, they just donate money. I am sure it is because of this that the new guideline clearly prohibited this. What has been the level of compliance? Does your committee have the necessary manpower and ability to monitor such practices and have you received any reports of money exchanging hands at branch levels? Sincerely, we have not received any such complaints. When the riot act was read they all promised to adhere to the guidelines and I would say so far, so good. I can’t condemn or comment out of ignorance. Such complaints have not been brought to our notice.

There are said to be a number of petitions against some candidates in the elections.

How have these petitions been disposed of?

I am very reluctant to pick individual candidates that have been petitioned against.

That is basically for the committee. But I would say we received some petitions against some of these candidates and we gave such candidates the opportunity to respond, by sending the petitions written against them to them and asked for their own responses. We have received the responses. These we viewed against the provisions of the NBA constitution and the election guidelines.

Most of the petitions we have considered

The late Obi Okwusogu SAN

and most were lacking in merit and we allowed the candidates to go out. Sometimes people who rely on some of these technicalities, if strictly followed, who produced the wrong results. Most of them are just some minor branch issues which are not known to the NBA constitution. Positions like Interim Chairman, Protem Chairman, Acting Chairman and such nomenclatures are not recognised by the NBA constitution.

That may not be the basis on which we reached our decisions; we actually looked deeply at the complaints. But if one is tempted to mention one or two. I would say in one instance the NBA was taken to court and the committee felt that if one is challenge the constitutionality of the present constitution, then we can’t wait for the court to determine the issue because of the question of jurisdiction. Because the matter is subsisting, I wouldn’t really go into that, but let me say that someone has taken the NBA to court.

The court case was basically over the issue of where the election should hold.

Whether the election should hold in Abuja outside of the Annual General Conference as resolved at the AGM in Lagos last year.

The case was adjourned to after the election.

What effect would that have on the election?

Like I said, the matter is subjudice and I wouldn’t comment on it now. Let’s respect the rules of subjudice.

There was also a petition against a member of your committee, Hajia Fatima Kwaku for her role as Chairman of the Arewa Lawyers Forum. The petition says her role was in conflict with her membership of the election committee. Has the issue been resolved and how?

I can tell you out rightly that the matter would be for NEC. You’ll agree with me that I or any member of the election committee lack the power to decide such issues. I wasn’t even in Yola when I was appointed as Chairman of this election committee. So, such complaint should go to NEC. So, as it is now she is still a member of your committee?

Oh very much so! She is participating

impartially in all our preparations.

Would you say you have confidence in all the members of your committee in terms of your work so far?

I will go back in time to say that over the past 28 years that I have worked with many lawyers at various levels. By sheer coincidence all of us are friends. I just spoke with Chief Philip Umeh, I spoke with Lawal Rabana SAN this morning and I speak with Hajia Kwaku almost on a daily basis. We are all friends and we have always interacted.

We have a splendid working relationship.

So your committee will not respect any adoption by any forum or zoning formula?

No way! This election committee will not respect or recognise any adoption, zonal or forum arrangements, we’ll deal strictly with candidates on individual basis. Unless the candidate comes indicate to us that he wants to step down. If a candidate feels that there is some persuasion for him o step down, he will come out gallantly on manifesto night and makes the pronouncement. That is the beauty of manifesto night. But we deal with individuals and not groups.’

Obi Okusogwu’s demise has once again drawn into focus the health of Nigerian lawyers. Legal practice is known to come with a lot of stress, physical and mental demands, involving reading extensive journals and law reports. Lawyers see nothing wrong in working late into the night, sometimes till wee hours of the next day and rising a few hours later to rush to court to do their cases.

This very busy schedule comes with its concomitant damaging effects on the body, often resulting in hospitalisation. For many senior lawyers, there is no retirement and most go without a decent vacation for years.

In the past, the NBA Section on Business Law would organise a comprehensive health talk at its annual conferences, where Nigerian medical experts based in the United States would instruct lawyers on various aspects of their health. But these heath sessions have not held for some years now, and the profession has lost quite a number of its members in the past few years.

8/COVER

29.11.2016

Ondo Decides: Akeredolu Emerges The Court of Appeal finally declared Eyitayo Jegede SAN to be the PDP Ondo State Gubernatorial Candidate. Much to Jimoh Ibrahim's disappointment, this decision was upheld by the Supreme Court. Onikepo Braithwaite briefly examines the litigation process up to the apex court.

T

he Ondo State political saga seems to have abated somewhat. Well, initially there was the APC issue of Olusegun Abraham and Rotimi Akeredolu SAN. However, Akeredolu emerged as the flagbearer for APC Ondo, with much less ado than Eyitayo Jegede SAN, to the obvious disgust of the ‘Jagaban of the World!’ who failed to show up at the APC Ondo rally. The jury is still out, as to whether Jagaban was actually ill or simply chose not to attend the rally, since Akeredolu is not his candidate.

That of PDP has been much more complex, because not only was it between Jimoh Ibrahim and Eyitayo Jegede SAN, it was also between the Ali Modu Sheriff and the Ahmed Makarfi factions of PDP, and now, INEC. PDP Issues: Federal High Court According to Counsel to the Makarfi faction and Eyitayo Jegede SAN, Dr Wole Olanipekun SAN, whom the writer had a brief chat with immediately after the Supreme Court delivered its judgement on Thursday November 24th, 2016, he said that a lot of injustice has been done, mostly to Jegede, emanating from the June 26, 2016 decision of Justice Abang affirming the authenticity of the Sheriff Faction of PDP (SF), to the same Abang replacing Jegede with Jimoh Ibrahim, to the delay tactics employed by SF both in Abang’s Court and at the Court of Appeal. Olanipekun said that when they made their application to Abang, ‘he sat on it for almost 2 weeks’, before refusing Jegede’s application and deciding that he had no locus standi in the matter.

Court of Appeal Olanipekun stated that the Court of Appeal Judges were embarrassed by SF and their Counsel, Nwofor SAN. It is a welcome development that the Supreme Court ordered the SF Counsel to pay damages to the Court of Appeal Judges. Enough of lawyers coming up with flimsy excuses and unsubstantiated allegations against Judges, when matters do not seem to go their way! Olanipekun had gone on appeal to the Court of Appeal, for inter alia, Abang’s decision to recognise SF as the authentic faction and Modu Sheriff as PDP Natonal Chairman, to be set aside on the ground that Abang erred in law by concluding that Modu Sheriff was the National Chairman of PDP, without giving them an opportunity to be heard in his court, thereby denying them their constitutional right to fair hearing, resulting in a miscarriage of justice.

Court of Appeal’s Decision On Wednesday, November 23rd, 2016, the Court of Appeal resolved all seven issues in favour of Jegede and set aside Abang’s perverse judgement, while lambasting Abang at the same time. Honourable Justice Salauwa, who read the lead judgement found inter alia that: 1) The Trial Court erred in law when it distilled issues against Jegede and gave verdict on the said issues without giving Jegede audience. According to Salauwa JCA, it is fundamental in law and doctrine, that a party ought to be heard in a case that could affect him before verdict is reached 2) The Trial Judge ignored the fact that it is forbidden by law, for a court to decide on the candidate of a political party, because it is settled law which organ of any political party is charged with the responsibility of conducting primaries and submitting the names of candidates in an election 3) Having resolved all the issues in favour of Jegede, Salauwa JCA pronounced that the consequential order made to INEC to replace Eyitayo Jegede SAN who is the Appellant, with the Respondent, Jimoh Ibrahim, is set aside.

The Court of Appeal also set aside Abang’s decision recognising the executive of SF. The decision was unanimous. George Mbaba JCA ruled that Okon Abang erred in law by deciding a case against a group of persons in anticipation of the 2019 General Election, without letting such persons have the right to fair hearing.

Supreme Court Well, as far as the Court cases on the PDP candidature

Eyitayo Jegede SAN

of the Ondo Gubernatorial goes, as the saying goes “all is well that ends well’. Just as the Court of Appeal settled all the issues in favour of Jegede, the Supreme Court struck out all interlocutory appeals on the substitution of Jimoh Ibrahim for Eyitayo Jegede SAN in the election.

Ibrahim had appealed the November 23 decision of the Court of Appeal.

Ironically, Ibrahim had bragged that the decision of the Court of Appeal was inconsequential as it did not mention his name, and that he would get justice at the Supreme Court, insisting that he still remained the legitimate PDP Gubernatorial candidate! Sorry Mr Ibrahim, if at first you don’t succeed, try and try and try again!

Justice Okon Abang Again?

Before, the INEC dimension is discussed, the issue of Abang and his perverse judgements cannot be ignored.

Time and time again, his judgements have been set aside by the Court of Appeal because they are clearly perverse. Surely, apart from corruption, there must be other grounds upon which a Judge may be disciplined or relieved of his duties, for example, incompetence.

Why didn’t the DSS ‘sting’ him with the other Judges?

Afterall, if they could descend on Dimgba J. for no reason, why not Abang!? Is he a sacred cow? There must be a reason why a Judge regularly and continuously gives bad judgements, is it corruption? Or bias? Or Zero knowledge of the law? And he has been getting away with it. Why? I certainly agree with Dr Ayo Fayose, Governor of Ekiti State, that Abang should be investigated. The Governor went as far as saying that Abang should be sacked. Most of his judgements are overturned (with regular ticking-off from the superior court, I might add), and do not stand the test of five minutes, talk less of time. Enough is Enough.

"SURELY, APART FROM CORRUPTION, THERE MUST BE OTHER GROUNDS UPON WHICH A JUDGE MAY BE DISCIPLINED OR RELIEVED FROM HIS DUTIES, FOR EXAMPLE, INCOMPETENCE. WHY DIDN’T THE DSS ‘STING’ HIM WITH THE OTHER JUDGES? AFTERALL, IF THEY COULD DESCEND ON DIMGBA J. FOR NO REASON, WHY NOT ABANG IS HE A SACRED COW?"

Now to the INEC issue. Many called for the postponement of the Ondo election. INEC refused to oblige, saying that there is no good reason to postpone. Violence erupted in Owo on Thursday night resulting in the death of one person and the burning and destruction of several houses. Let us examine the opinions of some of the parties involved and lawyers, and the validity of the election if it proceeds as scheduled, bearing in mind some of the sections of the Electoral Act like Section 34 and of course, Section 8 of the Electoral (Amendment) Act 2015, replacing Section 45(1) of the Electoral Act 2010, which allows parties to appoint and submit the name of a polling agent for every polling unit 14 days before the date fixed for the election. and the validity of the election if it proceeds as scheduled.

29.11.2016

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OPINIONS Eyitayo Jegede, Dr Segun Mimiko, the outgoing Governor of Ondo State, PDP, and a host of others requested that INEC should postpone the Ondo State Gubernatorial election, not just in the spirit of fairness, but to enable INEC comply with some of the provisions of the Electoral Act. The request was flatly refused and the election went ahead as scheduled on Saturday. Below are some opinions on whether the election should hold or be postponed Clement Faboyede, Chairman, Ondo PDP “The Ondo State Gubernatorial election slated for November 26th, 2016 should be postponed because INEC has not given us the required number of days in accordance to the Electoral Act, and we are of the opinion that when we win this election, somebody will just take us to court and the election will be nullified, because of non-compliance with the Electoral Act. I have said before. Today, we have just been given the Voters Register and it is supposed to have been with us for thirty days before the election, for us to be able to work with it like others have done.

At the same time, the list of the party’s polling agents needs to be properly documented and it’s for fourteen days before the election. We need to synchronise and look at our agents critically. We are not planning to use Jimoh’s agents and we cannot even do that. What we are saying is that they should accord us the statutory number of days required by the Electoral Act, so we don’t run foul of the law.”

Oluwole Osaze-Uzzi, Director, Voter Education, INEC “The conditions for the postponement of elections are outlined in the Electoral Act.” Judicial Process is not one of the conditions outlined in the Act, as a reason for the postponement of elections.

INEC does not put the name of contestants on the ballot papers, just the names of the parties, acronyms and symbols of the parties, so this does not affect the candidate.

INEC has not been approached by the Jegede group in respect of the issue of the polling agents.

If they approach us, it is an issue for INEC to consider. “But to go outside the provisions of the Electoral Act to postpone elections, will be acting outside the law.”

Dr Wole Olanipekun SAN, Counsel to the Makarfi-led Group and Eyitayo Jegede SAN “A great deal of injustice has been done to Eyitayo Jegede. In the words of the late Martin Luther King Junior “injustice anywhere is a threat to justice everywhere”. One expects INEC to postpone the elections for at least two weeks.

The incumbent, Dr Mimiko does not complete his term until February, 2017, and the law provides that the election must be concluded not later than 30 days before Mimiko leaves office, so INEC will still be well within the legal time frame, if it postpones the election for a few days.”

Dr Tunji Abayomi, APC Member, Lawyer and Activist “No, the position should be re-affirmed instead of reconsidered. The problem with the position of PDP is essentially this, PDP wants INEC or the people of Nigeria and the people of Ondo State, to take sides in a factional conflict that is besetting that political party, and is essentially instigating INEC to stop a national assignment because of its internal crisis. That is impossible.

There are so many political parties in this country.

I think in this election, we have something like about ten or twelve political parties participating.

So must we now detour to one, any particular political party, in order to render useless a national assignment that affects not just political parties, but the citizens of Ondo State? I think that would be an absurdity. I will say that the only sensible thing to do, is for INEC to be very determined.

INEC has already set the date of an election and by law, unless there is a serious danger to security and the well-being of the people, that date cannot be altered.”

Ishaq Akintola, Director, M uslim Rights Concern (MURIC) In the interest of fairness, the election should be postponed. Proceeding with the election as scheduled can threaten security. Remember the ‘wild west’ and ‘operation wet e’.

Eyitayo Jegede SAN, PDP Ondo State Gubernato-

Clement Faboyede

Oluwole Osaze-Uzzi,

Dr. Wole Olanipekun SAN

Dr. Tunji Abayomi

Ishaq Akintola

Eyitayo Jegede SAN

rial Candidate “Just yesterday, INEC listed my humble self as a Candidate in an election that is supposed to hold on Saturday. This morning I arrived Akure from Abuja. Under Section 34 of the Electoral Act, INEC ought to display the list of candidates for thirty days and I recall that on 27th of October, my name was unlawfully removed and instead, the name of one Mr Jimoh Ibrahim, was inserted. Mr Jimoh Ibrahimhad his name listed as a candidate unlawfully. I was not listed, neither on their website or on the notice board of INEC. And I made the point that if other candidates of other political parties have their names listed for more than thirty days, it will be unfair for me to have my name listed for only two days, especially given the fact that the Electoral Act allows INEC to schedule election at a period that would be one hundred and fifty days to handover or thirty days to handover. In other words, INEC is in position to adjust the date to allow for what they call ‘a level playing ground’ and allow me also to have the benefits of those privileges and rights that are cited in the Electoral Act. And I made the point again that look, before now you would have given us the Voters Registers for eighteen local governments, which is very critical for this election. I was not given. The party was not given. The reason was that, according to INEC, someone else has been listed. If you have given Voters Register to all other candidates for over thirty days and you are now giving me twenty-four hours before the election, how do I cope? I’m not being fairly treated. It is not my own fault. It’s not my party’s fault. It is a contraption between some individuals. And don’t forget that the Court of Appeal said that the case that instigated the removal of my name was a fraud. INEC’s hands are not tied. Between now and January, INEC can schedule an election, and when it schedules the election, all the parties will be there to contest. What is so special about Saturday? After all election date was shifted in Edo State, because it was convenient! They say the reason for a shift of date is either violence, natural disaster or any other emergency. Emergency is where you have some sort of confusion. My case is a legal emergency.

Chucks Nwachukwu, Legal Practitioner INEC is deceiving itself if it thinks that it is not to blame for the disadvantage that the PDP and Jegede have been placed in the Ondo State governorship election, which INEC has stubbornly

Chucks Nwachukwu

but predictably, refused to shift unabashed by the fact that it recently shifted the Edo State elections for contrived reasons, because the ruling party desired it. INEC is touting legal provisions that it says permit it to shift an election only for reasons of emergency. It says that Jegede's plight has been brought about by internal party wrangling over candidature. But is this the case in law? I think not.

Fact is that it is INEC that removed Jegede from the ballot and replaced him with Jimoh Ibrahim.

The court order that it claimed to rely on has now been voided. The meaning is that it never was and could never again be touted as a justification for INEC's action. INEC has to advice itself properly on the legal implication of a voided act - the order that it relied upon never happened. INEC therefore, acted without authority when it removed Jegede from the ballot. In so doing, it breached electoral laws that mandate it to publish a candidate's name for a month or two before the election. INEC has published Jegede's name only two days to the election. The legal cover that it touted having been removed, it has itself to blame for having fundamentally sabotaged its own election and rendered it unfair and non-credible in advance.

I agree with Jegede that the situation qualifies as an emergency. What else is an emergency, but an unexpected occurrence affecting a scheduled event or process? Any honourable election body would shift the election. But INEC under PMB has demonstrated time and time again that it is not to be considered one.

All the opinions regarding the issues in the Electoral Act which INEC has failed to comply with in holding the Ondo State Gubernatorial election, are sound. However, the opinion of Dr Tunji Abayomi, although it makes for interesting

reading, failed to take any cognisance of the Electoral Act. In the case of the PDP Ondo Chairman, my opinion varies with his at the point where he expressed the fear that if PDP won the election, they could be dragged before an Election Tribunal and the election nullified for non-compliance with the Electoral Act. I agree that they could be taken to the Tribunal for a whole load of reasons like electoral malpractice, for example, stuffing of ballot boxes, theft of ballot boxes and what have you, but on the issue of non-compliance with the Electoral Act, wont the doctrine of estoppel apply? All the other political parties were of the opinion that the election should hold on Saturday.

By so-doing, have they not waived their right to plead non- compliance? Would it not amount to ‘eating your cake and having it’ if they are then able to challenge the election on grounds which they had acceded to?

It stands to reason that the only person who the non-compliance card is available to play, is Jegede, since he and PDP were the ones that requested for the postponement of the election, pointing out INEC’s non-compliance with the Electoral Act. Likewise, the issue of the polling agents.

While some will argue that it is the party and not the candidate, that picks the polling agents, so it should not matter whether it was the SF or Jegede group that picked PDP polling agents for the Ondo election. However, contrary to that opinion, the fact that the Court of Appeal ruled that Abang's decision which recognised SF and Modu Sheriff as National PDP Chairman was a fraud, does that not make the SF's action of choosing polling agents null and void, meaning in essence that PDP did not have any polling agents, until the Jegede group may have appointed theirs and may have submitted their list the day before the election, instead of fourteen days in advance.

In the final analysis, as lawyers we know that no matter how well a case is conducted, if the court lacks jurisdiction to entertain it, the proceedings are null and void ab initio. Likewise, INEC had already given Jegede several cogent grounds to petition the Election Tribunal even before the election took place, and whether or not the conduct of the Ondo election was INEC's best outing so far, its failure to comply with the Electoral Act amongst other things, could be grounds for this election to be declared a nullity.

Onikepo Braithwaite

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29.11.2016

Globalisation of Legal Services: The African Story Earlier this month, George Etomi, the pioneer Chairman of the Section on Business Law, NBA, was part of a team of International Bar Association Lawyers that paid a three-day working visit to the Law Society of Zimbabwe. They held a retreat with the theme 'Helping Zimbabwe Lawyers Face Globalisation'. He tells us the reason why the sponsors of the event, the IBA and the European Lawyers Foundation, felt the need for the program

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IBA Visit To Law Society of Zimbabwe he International Bar Association through its International Trade in Legal Services Committee of the Bar Issues Commission, paid a three day working visit to the Law Society of Zimbabwe where it facilitated a retreat styled 'Helping Zimbabwe Lawyers Face Globalisation'. The retreat which had over 70 senior lawyers in attendance, was held on November 3-4, 2016, in the serene mountainous city of Nyanga, an approximately three hour drive from Harare.

The IBA team was made up of accomplished practitioners from countries as varied as the U.K.( Alison Hook), Belgium(Jonathan Goldsmith), The USA(Ben Greer), Argentina(Juan Javier Negri) ;and from Africa representatives from Nigeria (George Etomi), Rwanda( Thierry Ngoga) and the host country Zimbabwe ( Sternford Moyo and Susan Mutingadura). Mrs. Mfon Usoro was part of the team but could not make the trip owing to conflicts in schedules, but sent in her paper titled ' Negotiating International Commercial Contacts'. The program was sponsored by the IBA and the European Lawyers' Foundation (ELF).

Why Zimbabwe?

The choice of Zimbabwe as the first beneficiary of this programme, is in fulfilment of one of the IBA's objectives to influence the development of international law reform as it shapes the future of the legal profession throughout the world. On its part, the ELF implements added value projects that create services for European lawyers and concerns itself with promoting justice related issues and Human rights and the Rule of Law in Europe . Various presentations were made in different areas of commercial law but what took centre stage, was the recurring issue of the globalisation of legal services and its benefits or dangers for Africa. Discussions in this area was led by the Chairperson of the International Trade in Legal Services Committee, Mr. Jonathan Goldsmith, Ms Alison Hook who has done extensive work in this area and Mr. George Etomi who is a special adviser to the committee and pioneer Chairperson of the Section of Business Law of the NBA, where under his watch this topic was a recurring decimal, as Nigerian lawyers are themselves being sensitised to this reality.

The choice of Zimbabwe seemed rather curious at first, given the many challenges that country is facing economically. To put it mildly the current economic situation is very uncertain.

After years of hyperinflation, the government effectively did away with its currency in favour of the dollar, which is the medium of exchange. However, the government recently decided to introduce a new local currency in the form of bond notes and have pegged

ridge leadership emerges. Rwanda's social and economic development is to be admired and emulated.

George Etomi and Mr. Ben Greer, former Chairman of the International Trade in Legal Services Committee of the Bar Issues Commission of the IBA

the rate at 1:1. This has reignited the nightmare of the past and is leading to large scale withdrawals of dollars by depositors leading to cash squeeze. This

"WHAT MUST BE DISCOURAGED, IS TO ALLOW FOREIGN FIRMS/ LAWYERS DO WORK HERE, WITHOUT SOME CORRESPONDING BENEFIT TO NIGERIAN LAWYERS, ESPECIALLY THE YOUNGER ONES. WE NEED TO ACQUIRE SKILLS IN VARIOUS AREAS OF INTERNATIONAL LEGAL PRACTICE, SO THAT WE TOO CAN BECOME NET EXPORTERS OF LEGAL SERVICES, ESPECIALLY TO THE REST OF THE CONTINENT"

grim picture notwithstanding, the advise is for Zimbabwean lawyers to look beyond today and prepare themselves for a potentially bright future, once the political atmosphere allows it. It was this optimism that was evident throughout the workshop. Zimbabwe is blessed with massive deposits of various minerals.

The timber industry holds phenomenal export potential, and its infrastructure is basically sound drawing from its colonial past. The Zimbabwean lawyers who attended the workshop were inspired by the things they heard. They were particularly enthralled with the facilitators from Africa, whose experience they could relate to. The difficulties plaguing the continent are shared, but there is an ever present optimism for a brighter tomorrow. It was fortuitous that amongst the facilitators was someone from Rwanda, a country that is looking on the upside after the debilitating experience they went through, when contrived ethnic divisions almost destroyed the very existence of that society. Today, it is a model of how perseverance can overcome the worst adversity a country faces, provided the

Nigeria's Opportunity: Why We must Take It Up However, the real story still remains Nigeria. One thing that came out clearly from that conversation is that, if Nigeria gets it right, a good example will be set for the rest of Africa. The NBA has hosted African Bar leaders on this question of globalisation of legal services and how African lawyers should approach it.

It must be said that since the globalisation alarm first went off at the maiden conference of the NBA, Section on Business Law in 2006, Nigerian lawyers have done a lot to respond to the challenges posed by this phenomenon. The SBL has undertaken massive sensitisation programmes to prepare Nigerian lawyers for this challenge. Today the question is not whether or nor we should allow cross border legal services, but how we can get the best from globalisation. The NBA should continue active engagement of government and all its agencies, about our preparedness to undertake the most esoteric of legal services either by ourselves or in collaboration with foreign firms. What must be discouraged, is to allow foreign firms/ lawyers do work here, without some corresponding benefit to Nigerian lawyers, especially the younger ones. We need to acquire skills in various areas of international legal practice, so that we too can become net exporters of legal services, especially to the rest of the continent. In this regard, one thing that must be urgently addressed is the need to harmonise business laws in Africa. The incidents attending business law practices in Africa must be streamlined so we can benefit from one another. The university curriculum in business laws should be identical continent wide, so that it is easy to practice business law across the continent after school. For starters, we must show liberalism in the area of International Arbitration and allow foreign practitioners appear in arbitral proceedings in this country. Not only will we become the preferred destination for arbitration, Nigeria will attract enormous investments as a result.

The results of the Brexit referendum and the recent US elections tell us that globalisation has not benefitted everyone and there is now the tendency for even the greatest proponents of the idea to look inward. However, in an IT driven world, globalisation cannot be wished away. It can only be fine-tuned to serve a country's strategic interest. In Nigeria, like the rest of Africa, we still depend a lot on foreign direct investments and with it will come conditions that will have provision of legal services as a strong component. It is therefore wise to continue our preparation to be part of the international legal community and lead Africa in this regard to prosperity.

George Etomi, Pioneer Chairman, NBA-Section on Business, Special Advisor, Trade in Legal Services Committee of the IBA

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On Monday, November 14, 2016, the Lagos Chamber of Commerce & Industry launched its new initiative on Dispute Resolution and Dispute Management at the George Hotel, Ikoyi, Lagos. Below are some of the personalities that were in attendance

L-R: Mr. Tunde Fagbohunlu SAN, Chief Dr. (Mrs.) Nike Akande, Mrs. Foluke Akinmoladun, Executive Secretary, LACIAC and Mr. Mudashiru Yusuf

Chief Dr. (Mrs.) Nike Akande, President, Lagos Chamber of Commerce and Industry

Ms Joyce Akpata, DG Nigeria-British Chamber of Commerce and Mr. John Miles, Member of LACIAC Court

Mr. Tunde Fagbohunlu SAN, Chairman, Lagos Chamber of Commerce International Arbitration Centre (LACIAC) Board

Honourable Justice Adenike Coker, representative of the Chief Judge of Lagos State

Dr. Tinuade Awe, Head of Legal and Regulatory Compliance, Nigerian Stock Exchange

Honourable Zakarawu Garuba, Executive Commissioner, Corporate Services, Securities and Exchange Commission

Editor THISDAY Lawyer, Mrs. Onikepo Braithwaite and Mrs. Foluke Akinmoladun, Executive Secretary, LACIAC

Dr. Tunde Ajibade SAN, Keynote Speaker

L-R: Foluke Akinmoladun, Mrs. Bioye Davies, Ms Chikaodili Okoye, Legal officer, LACIAC and Mrs. Uche Ikwazom, Admin Manager, LACIAC

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29.11.2016

Conversion of Judges Into Defendants This article written by Olusegun Akinbode examines the new negative trend where lawyers, especially the seniors, apply for their cases to be reassigned to other courts on the excuse of the Judge being biased, once the case does not seem to be going their way

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he ThisDay Newspaper publication of November 23, 2016 carries the headline “Ondo PDP Candidacy; S’Court Orders Appeal Court to Determine All Appeals”.

Paragraphs 12, 13, 14, and 15 of the article

stated thus: “Justice Onnoghen, who was furious with the manner the Appeal Court justices were turned to defendants in a matter before them, stated that the appellants or anyone had no right to box a court into a corner and turn around to scandalise the same court.

Onnoghen said that the prayer of the Ibrahim faction brought before the Supreme Court was in bad taste, as it was aimed at scandalising, criminalising and intimidating the justices in the course of doing their job.

The acting CJN said that it was unprofessional and unethical for the counsel of the applicants to have joined the justices as defendants in the motion when the law forbids such or for the justices to be made parties in a matter they are handling.

He held that the type of practice of scandalising the judges was irritating, as it could bring anarchy to the country’s democracy.

He consequently dismissed the appeal.”

Unsubstantiated Allegations of Bias The employment of allegations of bias and the attendant application for the reassignment or recusal of a Judge hearing a case as a strategy for frustrating or delaying a suit is fast becoming extremely worrisome. It is an action that puts the future of democracy, the Judiciary and the legal profession at great risk.

Prior to the allegation of corrupt practices against some of the Judges, especially Justices of the Supreme Court by the DSS recently, Judges were highly respected and revered. However the state of affairs created by the recent scandal has elicited a situation where whenever a case does not fall in line with the desire of a litigant, and by extension his/her counsel, the ready-made excuse (or allegation) is to accuse the judge of bias with a follow-up application for re- assignment. Of course, the average Judge will simply withdraw, (more so in view of the happenings in the judiciary), as any decision taken by such a Judge might be rejected by the losing party.

A situation like this should create fear in the general public and, especially members of the legal profession as it is indeed a panacea for trouble. All that a litigant needs to do to frustrate a case is to allege bias against the trial judge.

While these applications are enshrined in the Rules of the Courts, it has now become a go-to strategy, where minor decisions on applications by a party being denied immediately results in allegations of bias against the Judge delivering such decision.

Honeywell v Ecobank The Nation newspaper publication of November 15, 2016 reported that an application was made by Ecobank Nigeria Ltd’s Company Secretary/

Chief Legal Counsel requesting the case between it and Honeywell Group be reassigned to another Judge based on the fact that “various events led it to conclude that the case should be better handled by another judge”. The question is what manner of events would warrant an application for the re-assignment of a case from a certain Judge or an application requesting that a Judge recuse himself from hearing a matter?

If indeed, the events necessitating the conclusion of bias involve unacceptable decisions on applications, then the way to go is an appeal. In the Ecobank case, decisions delivered against the bank accordingly went on appeal to the Court of Appeal. Therein, the appeals were dismissed and on further appeal to the Supreme Court, the appeals were also struck out. The question then is, if we say the learned trial Judge was biased, can we say the Justices of the Court of Appeal and Supreme Court were also biased in their decisions to dismiss the disgruntled party’s appeals?

This will be impossible as they are courts independent of one another.

Consequent upon this, the question to ask is what exactly does the disgruntled party want? A Judge that will dance to its tune? This behaviour certainly will not augur well with the Nigerian Justice System and the future of democracy. And this is why this writer also agreed with Justice Idris of the Federal High Court, Lagos when he ruled in the Honeywell v Ecobank matter that ”If all judges were to recuse themselves from cases simply because litigants criticised their rulings and judgements, the judiciary would soon find itself in a situation where litigants choose the judges to adjudicate on their matters; and this is not in the interest of the law". After all, in every matter, there must be a victor and a vanquished.

Discouraging Role of Lawyers What is particularly depressing is the role played by lawyers, either by their actions or inactions in this behaviour

"AND THIS IS WHY THIS WRITER ALSO AGREED WITH JUSTICE IDRIS OF THE FEDERAL HIGH COURT, LAGOS WHEN HE RULED IN THE HONEYWELL V ECOBANK MATTER THAT ”IF ALL JUDGES WERE TO RECUSE THEMSELVES FROM CASES SIMPLY BECAUSE LITIGANTS CRITICISED THEIR RULINGS AND JUDGEMENTS, THE JUDICIARY WOULD SOON FIND ITSELF IN A SITUATION WHERE LITIGANTS CHOOSE THE JUDGES TO ADJUDICATE ON THEIR MATTERS; AND THIS IS NOT IN THE INTEREST OF THE LAW""

by Clients. Lawyers, particularly senior advocates who are ministers in the same temple of justice, are expected to protect the integrity of the judiciary. What level of respect could be expected from a litigant where the Legal Practitioner handling a case has no respect for the judiciary? This is keeping in mind that as ministers in the temple of justice, we ‘as Lawyers’ have the duty to uphold and retain the public respect in the institution to which we belong. As legal professionals, one of our greatest responsibilities is to do everything that will consistently secure and preserve the respect of the public in the Judiciary, rather than to encourage litigants to disrespect and demean the legal profession.

One can also argue that accusing trial judges of bias is often a deliberate attempt by counsels to frustrate or slow down the litigation process. Now, the justice system in Nigeria has acquired a notoriety for this very slow nature.

Trials go on for years unending and this has often frustrated efforts to get justice on matters in our country. Many have blamed the system for the malaise, leading to several calls for reform in our judicial system. What is more important, however, is the expectation that lawyers, again as officers in the temple of justice, will not be the ones to deliberately slow the movement of the wheels of justice by employing delay tactics to frustrate trials.

The Honeywell-Ecobank matter seems to be a situation where court granted several adjournments at the instance of Ecobank but the same Ecobank is now trying to stay proceedings, using its petition as one of the means of stopping the presiding judge from adjudicating on the matter What Legacy Will We leave?

Historically, the law practice is the most noble of all professions where the upright and the most fit and proper persons reside. However, in recent times it seems we are all determined to pull it down with personal ambition and disregard for the moral principles guiding the profession. What seems to now rule is financial gains. We practically now inform our clients and encourage the “unlearned” that we can get anything we want in the law courts. This is extremely wrong and unacceptable.

The law profession all over the world happens to be the profession where most practitioners encourage their off springs to follow their footsteps. However looking at what is presently obtainable, it appears the future of the profession is fast becoming bleak, as we definitely cannot teach our children the moral code handed down to us by our forebears in the legal profession, since we do not possess them. Rather we will teach them how to scam, blackmail and rough-arm their way to victory for their clients.

The big question as asked by Justice Tanko of the Supreme Court in the Ondo PDP candidacy case is “....Now, if all lawyers behave like you, what will become of the legal profession?”. That is the food for thought.

Olusegun Akinbode (LLM), Legal Practitioner, Lagos

29.11.2016

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LEGAL HUMOUR

We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com

Dear Counsel, Your kind advice would be appreciated on this issue.

My 13 year old marriage is being threatened. I took my time to ensure I fulfilled every requirement before I got married, including all the traditional arrangements. Unfortunately my wife could not conceive in the first 11 years of our marriage and I was under pressure from my family. I had a relationship with a childhood friend of my younger sister, who subsequently had a baby for me. My wife eventually had our first baby in 2010 and we are expecting our second baby in four months.

The lady who had a child for me and her parents have been putting my family under pressure to pay her dowry, a condition which they say I must fulfil, to be able to have access to my son. I told my father that I would never accede to their demand. Initially, my father appeared satisfied with my decision, but he eventually succumbed to their pressure and is now asking me to give him permission to go and pay the dowry on my behalf.

According to my father he doesn’t want to have a ‘questionable’ grandchild, especially as he is still alive.

My siblings are aware of this and they are secretly advising me against it. Kindly, advice.

R. E., Abuja.

Dear Mr. R.E., I would advice that you tread this path with utmost caution. This is because of the obvious legal implications.

I know this is not an uncommon scenario in Nigeria and most cultures accept, condone and even in some instances encourage it.

Although you did not expressly mention it in your mail, I will assume that you married your wife in church or at the Marriage Registry. If that is the case, then I will have you know that it is illegal to marry any other wife during the subsistence of such a marriage, even if you do it under Native Law and Custom, like your father is encouraging you to do.

The Matrimonial Causes Act and the Marriage Act both make it illegal to do so. Under the Marriage Act Cap M16, Section 47 provides ‘Whoever, having contracted marriage under this Act, or any modification or re-enactment thereof, or under any enactment repealed by this Act, during the continuance of such marriage contracts a marriage in accordance with customary law, shall be liable to imprisonment for five years.’

I am aware that the only reason many wives in this country condone it is because they don’t want to see the breadwinner and father of their children behind bars. But it is illegal in the eyes of the law and you must therefore warn yourself before taking that step.

An elderly patient needs a heart transplant and discusses his options with his doctor. The doctor says, ‘We have three possible donors.

One is a young, healthy athlete. The second is a middle-aged businessman who never drank or smoked, and the third is an attorney who just died after practising law for 30 years.’ ‘I’ll take the lawyer’s heart,’ says the patient. ‘Why?’ asks the doctor. The patient replies, ‘It’s never been used.’

••• An accountant and a lawyer were lying on a beach in Hawaii sipping mai tai's. The lawyer started telling the accountant how he came to be there. "I had this downtown property in Memphis that caught fire and after the insurance paid off, I came here." The accountant said, "I had a downtown property, too, in Miami.

It got flooded so here I am with the insurance proceeds." The lawyer took another sip of his mai tai, and then asked in a puzzled voice, "How do you start a flood?"

••• Two law partners hire a new cute, young secretary and a contest arises between them as to who can get her first, even though they’re both already married. Eventually one of them scores with her and his partner is quite eager to hear how things went. “So what did you think?” he asks. “Ahh,” replies the first lawyer, “my wife is better.” Some time goes by, and then the second lawyer also has his way with the secretary. “So,” asks the first guy, “what did you think?” The second guy replies, “You were right.”

••• At the height of a political corruption trial, the prosecuting attorney attacked a witness.

“Isn’t it true,” he bellowed, “that you accepted five thousand dollars to compromise this case?” The witness stared out the window, as though he hadn’t heard the question. “Isn’t it true that you accepted five thousand dollars to compromise this case?” the lawyer repeated.

The witness still did not respond. Finally, the judge leaned over and said, “Sir, please answer the question.” “Oh,” the startled witness said, “I thought he was talking to you.”

Human Rights Lawyer, Agbaje Dies in LUTH Jude Igbanoi

For the Nigerian legal community, it has been a harvest of deaths as it loses another one of its vibrant members, Mr Fred Agbaje. The sad news of one of Nigeria’s foremost human rights lawyers last Saturday at the University Teaching Hospital (LUTH) Idi-Raba, Lagoshospital, came as a shock.

Known for his no-nonsense populist stance on national and human rights issues, Agbaje was perceived as a thorn in the flesh of the government, and this is one of the reasons that many believed he was denied the coveted rank of Senior Advocate of Nigeria, even though he had met all the requirements and was shortlisted on three occasions.

Another human rights lawyer, Mr. Ebun Olu-Adegboruwa said of him ‘Fred Agbaje was shortlisted several times for the SAN rank. He met the requirements, he surpassed the minimum requirements, but was never made a silk because he had no godfather to lobby for him. However, God the father has just called him home into a better place where SAN title lacks relevance'.

‘Agbaje was a hardworking and brilliant lawyer.’

A consummate legal practitioner, Agbaje was also a justice sector reform advocate. On the Lagos Judiciary Fast Track Court System, he said to THISDAY LAWYER in an exclusive interview, 'As a legal practitioner in Lagos, I welcome the fast track court system. It will enhance the quick delivery of justice and it will further put Lagos State on the road-map towards achieving justice for all'.

‘But the workability and the logistics to ensure its success, is another thing entirely. Do we have constant power supply? Are the generating sets we have at the high court presently functional? If the judges are ready, would the lawyers on both sides be ready? Then, what are we going to do about the pending cases in court for the past eight or ten years? Why don’t we start by fast-tracking those cases first? What about land matters?

Can we fast-track those ones? What are we going to about interlocutory appeals from fast-track cases?’

Unknown to many was the fact that Agbaje hailed from Ibillo in Edo State and grew up under a disciplinarian father and academician, Bishop Albert Agbaje of the Anglican Church.

The late Fred Agbaje

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29.11.2016

LEGAL CATALYST EMEKA AZINGE

emeka@emedith.com

Value of Financial Literacy to Legal Practitioners

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Financial Literacy: Essential for Excellence couple of weeks ago, I had lunch with a friend who also happens to be a partner at a renowned law firm. We largely discussed one of my post-law school careers as a business, cognitive and personal development coach to legal practitioners, as well as the considerable challenges facing legal practitioners in Nigeria, that is, the young and not so young, struggling to build robust professional networks and self-sustaining practices.

We bemoaned the progress achieved by most legal practitioners once they graduate from law school and are called to the Nigerian bar. And I asked her: “As regards legal practice in general, what single change would you make, right now, that in your opinion would make a palpable difference to our esteemed profession?” She did not seem to think about the answer. She had practiced law for 30 years and had built a large niche practice. She stated with absolute certainty, that financial literacy is essential to excellence, and to large-scale business generation, in law firm practice. This certainly got me thinking, and as I engaged in critical reflection on her answer, I realised that she was not far from the truth.

Know it or not, we live in a world now where clients are increasingly longing for legal practitioners who appreciate business, that is, those who have taken the time to study the industry and market, and those who speak the language of business, whether in contract negotiations or the courtroom. Legal practitioners may therefore find that sticking with script and paying sole attention to legal issues and the legal framework may not suffice, as regards maximising one’s full potential within the legal environment. I am aware of a number of scenarios where law firms and clients alike have lamented about legal practitioners who cannot follow a simple corporate balance sheet or accurately translate business terms into legalese. Furthermore, within the Nigerian legal framework, we may have noticed the inherent mindset amongst legal practitioners that law and business are separate and disconnected spheres of human endeavour, which results in the notion, consciously or sub-consciously, that appreciating the world of commerce is not within our mandate as legal practitioners; how wrong this is!

Recent Global Trends The reality of the matter is that these days, most clients are players in the world of commerce, one way or another, such that legal practitioners cannot presume to represent such clients without attaining at least a minimum level of appreciation of that world. This is due to the reason that most often, legal practitioners are content to keep their clients compliant. As long as they can steer a client around legal “landmines,” they consider their job accomplished. However, the drawback is that business does not approach legal issues this way; any legal issue that crops up can affect the company’s financial statements. Furthermore, when an organisation is involved in litigation, finances can suffer because of public perception, legal fees, or the obstruction of financial efficiency. This then makes it all the more important for legal practitioners

in Nigeria to appreciate, to some extent, the intricacies of financial literacy, such that such knowledge can guide their professional advice and endeavour. Hence the crux of this paper is: whether you are a legal practitioner engaged in commercial law and/or litigation and whether you have a general or niche practice, you must understand the business terms of your client’s material contracts; the statutory constraints within which it conducts its business; the interests and concerns that drive it and its partners, suppliers and competitors; and the world of commerce in which it does business.

The aim of this article is certainly not to encourage legal practitioners to become financial consultants in a specialist sense, but to drive home the changing domestic and global trend. This changing dynamics calls for legal practitioners to have minimal appreciation of financial literacy in order to stay competitive and relevant within the Nigerian legal context and international context, in addition to ensuring their reputation as 21st century compliant legal practitioners and that of the law firms under which they are engaged. This is especially important in Nigeria where, increasingly, most briefs have financial implications in one way or another.

Even the practice of litigation that was hitherto viewed as having little or nothing to do with commerce increasingly has financial implications.

Role of Securities and Exchange Commission Only recently, the Securities and Exchange Commission (SEC) labeled as pitiable the

level of financial literacy in Nigeria, hence its recent move to take its awareness drive to various parts of the country. In line with this determination to bridge the financial literacy gap in the nation, the SEC stated that it would be intensifying efforts to heighten the current level of awareness about the Nigerian capital market. This literacy drive and awareness campaign was in line with the Capital Market 10-Year Master- Plan of the SEC, which became expedient as a result of the largely abysmal level of financial literacy and capital market awareness across the country.

Unfortunately, legal practitioners equally fall into this category, as we are equally largely unfamiliar with the workings and benefits of the capital market. The loss of investor confidence in the market due to the crisis that hit the banking industry and capital market some years back, partly resulted from lack of financial knowledge, and if legal practitioners involved were able to give the right advice to the individuals and banks concerned, one might argue that such crisis might have been averted or subverted.

Role of Legal Practitioners Consequently, this article aims to draw attention to the increased apprehension over the financial literacy level of legal practitioners in spite of the huge number of legal practitioners in the country. Stakeholders in the economy have said the current realities in the financial sector show that it is only when the interest of consumers is given proper attention and protected by legal practitioners, that public confidence would

"LEGAL PRACTITIONERS IN TODAY’S COMPETITIVE MARKET, FROM SMALL TO LARGE-SCALE PRACTICE, REQUIRE SOME LEVEL OF BUSINESS EDUCATION, IF THEY ARE TO UNDERSTAND THEIR CLIENTS, THE BUSINESSES AND MARKETS IN WHICH THEY COMPETE, AND THE NON-LEGAL CHALLENGES THEY FACE. WITHOUT THIS ESSENTIAL TRAINING, EVEN THE MOST INTELLIGENT PRACTITIONER MAY STRUGGLE TO ACHIEVE “TRUSTED ADVISOR” STATUS—A PROFOUNDLY REWARDING RAPPORT WITH ONE’S CLIENT— AND THE BUSINESS LAWYER’S HOLY GRAIL"

be restored in promoting a strong and stable economy; thus, we as legal practitioners, have a huge role to play. The question then becomes: how can we as legal practitioners play this role if we do not possess the requisite level of financial literacy?

Moreover, though there are many educated and literate Nigerians, a high percentage of the population do not possess the requisite skills to effectively manage their financial transactions and take advantage of the opportunities presented by the financial products and services to improve their well-being.

Besides, consumers of financial services have also been subjected to unethical practices from financial institutions, which could be attributed to their low level of financial literacy, arising from their lack of knowledge of their rights and obligations in their relationships with the financial institutions. This is why legal practitioners must step in to fill these elucidated gaps by becoming financially literate, such that we can equally become the beacon of hope for common men who do not possess this requisite knowledge of their rights and obligations as relating to financial institutions or financial transactions. This is made more pertinent by the study of financial literacy in Nigeria carried out by the research department of the Nigerian Deposit Insurance Corporation (NDIC) in December 2012, which revealed the existence of considerable gaps in the literacy level of average Nigerian adult. Accordingly, it is important that legal practitioners identify the appropriate continuing legal education and other courses that a firm may finance, and take advantage of seminars, webinars and other programs offering training in business and finance skills for legal practitioners. Furthermore, it is advised that, we as legal practitioners, should explore the businesses and business sectors served by our practice, understand the business deal, the business dispute, and the business dilemma; research, read, discuss, question, observe, and apply. And if we do nothing else, learn the jargon and the buzzwords. As you gain confidence, let your new knowledge inform your legal practice.

Also, find ways to demonstrate your knowledge to colleagues, mentors, prospects, and clients alike— I have come to see that they usually pass along word of your range and your informed and practical approach.

Conclusion Legal practitioners in today’s competitive market, from small to large-scale practice, require some level of business education, if they are to understand their clients, the businesses and markets in which they compete, and the non-legal challenges they face. Without this essential training, even the most intelligent practitioner may struggle to achieve “trusted advisor” status—a profoundly rewarding rapport with one’s client—and the business lawyer’s Holy Grail.

Therefore, any financial literacy framework for legal practitioners should be aimed at enabling legal practitioners know, -.understand and develop the ability to evaluate, amongst others, financial products/services in the financial markets, thus becoming a voice for the large number of clients and potential clients, that do not have access to financial service or who have access, but are not able to appreciate its nitty-gritty. In addition, financial literacy would enable legal practitioners better understand the needs of their clients, their products and associated risks.

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IN BLACK AND WHITE ADERINSOLA FAGBURE

afagbure@yahoo.com

Corporate Governance for Start-Ups, Why Bother?

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belong to a generation where almost all graduates want to do their own thing. There are several brilliant, young men and women straight out of university with lofty ideas, all itching to be their own bosses.

In a gathering of youths, it is cliché to hear introductory statements like "I run my own company" or "I am the CEO of ABC Limited". The spirit of entrepreneurship is a good one, but many fail to understand that it comes with its challenges and is often a more daunting route to success than being in paid employment. As we were taught in O'Level Business Studies, a promoter bears all the risks as well as takes the profits. The fact that a new business is exposed to both macro and micro economic challenges makes it necessary for governance structures to be put in place from the onset. It must be understood that a start-up is still a business, albeit a budding one.

The PLCs of today once started out as small businesses; therefore every decision taken by the promoter must be taken with the future in mind. As they say the future starts now.

Small and Medium Enterprises (SMEs) typically start with one man or a few people with an idea, in a car boot or a room within the house serving a select clientele. A company is incorporated and a few shares are allotted. Receipts are issued to customers and the only financial information available is from the bank statements and receipts. Legal and accounting structures are non-existent.

The funding chain starts with the founder's own resources, contributions from family and friends, and later in the day, debt finance from financial institutions or even venture capital investments. It is unfortunate that many Nigerian entrepreneurs cannot take maximum advantage of the financing opportunities available both locally and internationally, because of their poor corporate models.

Individual and corporate funders are often sceptical to invest in unstructured concerns. At the start-up stage, there is usually no governance structure, because all efforts are on birth, development and survival. The story changes when 'angel investors' get on board or when requests for debt and equity finance are being made. When new investors get on board, a balance should be struck between them and the founding shareholders. It may be useful to insert a founders' clause to protect the rights of those who birthed the dream. Employees may also be rewarded and given a sense of belonging through the staff trust scheme.

A business founder should understand that, it is not enough to get your lawyer friend to incorporate any type of concern. The advantages of a limited liability company must be understood over those of a business name. Priority should be placed on filling annual returns at the Corporate Affairs Commission and ensuring that the company scores well for compli-

of company boards, it is practical for boards to be of a sufficient size relative to the complexity of the company’s operations. Directors should also be appointed with diversity of experience and gender being considered. Competence, independence, integrity and availability of members to attend and participate effectively at meetings should not be compromised.

Board diversity, for instance, is almost of equal importance for a small/ medium enterprise. Still on small businesses, promoters should choose their outside directors, not only on the basis of relationship, but also on their exposure and capabilities.

The independent director is useful because he brings fresh perspective to deliberations and can tell the hard truth to the promoters. Every board needs a rulebook (memorandum and articles of association) to bring clarity to the roles and responsibilities of its members.

ance and regulation. In accordance with Section 525 of the Companies and Allied Matters Act, failure to file annual returns constitutes a ground for striking off defaulting company names from the relevant register.

The shareholding structure and the particulars of registered office should be updated at all times. With government going hard on tax defaulters, SMEs are expected to keep up-to-date financial and tax records. Good record keeping is important for accountability, and serves to ensure that all stakeholders including the employees and future shareholders, have access to the figures. Disputes relating to financial misappropriation have been known to cripple large corporations and even small ones.

Starting an SME As the organisation grows, in line with the promoter's vision, employees with the required skill and competence will be hired. Once the team expands, the founder will find himself in need of some mentorship/ guardianship, introductions to business opportunities and constructive criticism of the financials cum operating performance. These checks and balances come through the board of directors. This is particularly relevant when the promoter lacks managerial experience. The argument for learning on the job has been countered by the fact that a number of inexperienced

founders of world-renowned start-ups were asked to step aside from the companies they founded, at some point or the other. The importance of company directors cannot be overemphasised. Therefore, even before incorporation, it is important to give some thought to who the directors of the company would be. Names should not be suggested casually, to minimise the complications of having to replace board members. Many may argue that at the nascent stage, a business may be over-burdened by the quantum of time that board activities require. On the contrary, the investment in an experienced and committed board will repay itself many times over by guiding the company through challenges associated with start-ups.

Type of Structure Globally, corporate governance codes and guidelines often neglect companies with small share capital.

This notwithstanding, the basic principles are relevant, particularly in relation to meetings and board structure. Most SMEs tend to have two directors, the minimum required by law for a private limited company.

A wise step may be taken to increase the number to three or five, in line with the establishment's growth vision. It is advised that one goes for an odd numbered board to prevent tie votes. On the issue of the size

"IN A GATHERING OF YOUTHS, ITIS CLICHÉTO HEAR INTRODUCTORY STATEMENTS LIKE "I RUN MY OWN COMPANY" OR "I AM THE CEO OF ABC LIMITED". THE SPIRIT OF ENTREPRENEURSHIP IS A GOOD ONE, BUT MANY FAIL TO UNDERSTAND THAT IT COMES WITH ITS CHALLENGES AND IS OFTEN A MORE DAUNTING ROUTE TO SUCCESS THAN BEING IN PAID EMPLOYMENT"

Board of Directors In order for the board to function effectively, its activities should be well coordinated. The body should meet a minimum of four times a year with a quorum present. SMEs may make it a requirement for every director to attend at least two-thirds of all board meetings. Such an attendance record shall be among the criteria for the re-nomination of a director by the board, except where there are cogent reasons about which the board must notify the shareholders, at the annual general meeting. A company that is at its budding stage can ill-afford absentee board members. Many promoters are guilty of not following due process when it comes to issuing contracts. It is therefore useful if the directors establish a materiality limit for contracts and other transactions, and formally approve all contracts which exceed this limit.

It is a known fact that 'the faintest ink is better than the sharpest memory'. This buttresses the need to ensure that all board decisions/ meetings are captured in formal minutes. Efforts should be made to file these minutes properly for posterity’s sake. The Company should maintain an up-to-date registry to record the issuance of shares and options. Resolutions ought to be properly captured in the minutes, as these are often vital information for due-diligence and future business valuations. Poor documentation has led to promoters being short-changed, in the sale of their businesses. It is important for entrepreneurs to understand that well-run start-ups are attractive to serial investors. Whether a founding director is looking to cash out or expand the business through the injection of additional capital, it is important for governance structures to be well-laid out. One never knows when the big break might come so it pays to be prepared always. The starting point of being prepared is heeding the advice of competent solicitors, financial advisers, as well as other relevant professionals.

16/IMAGES

The 9th Annual Business Luncheon of SPA Ajibade & Co took place at the Metropolitan Club, Victoria Island, Lagos on Thursday, November 17, 2016. The event with the theme 'The Future of Legal Practice in Africa - An African Model for Big Law', was chaired

by Chima Centus Nweze, JSC. Here are some of the personalities that attended the event

29.11.2016

photos: Kolawole Alli

L-R: Representative of President of Court of Appeal, Honourable Justice M.L. Garba and Managing Partner, Udo Udoma and Bob Osagie, Mr. Dan Agbor, Ms. Noella Lubano, Chairman of the occasion and Justice of Supreme Court, Honourable Justice Chima Centus Nweze, Speaker and Head of Strategy Moiler PSF Group-UK, Mr. Rob Millard, Mr. Korieh Duodu and Dr. Babatunde Ajibade, SAN

Mr. Rob Millard

Mr. Chuka Agbu SAN and Mrs. Hairat Ade Balogun

L-R: Honourable Justice M.L. Garba (left) and Mr. Dan Agbor

L-R: Mr. Lawrence Fubara Anga, Mrs. Myma Belo-Osagie, Dr. Babatunde Ajibade, his wife, Andrea

L-R: Company Secretary, FBN Holdings Plc, Mr. Tijjani Borodo (left) and Mr. Olumide Akpata, Chairman, Section on Business Law, NBA

Mr. Zik Obi and Mrs. Ayo Obe

L-R: Mr. Sylva Ogwemoh SAN (left) and Mr. Olumide Sofowora SAN

L-R: Olayemi Anyomechi, Mrs. Kofo Dosekun and Mr. Amekan Ukpanah

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T H I S D AY • TUESDAY, NOVEMBER 29, 2016

POLITICS

Group Politics Editor Olawale Olaleye Email wale.olaleye@thisdaylive.com 08116759819 SMS ONLY

EXECUTIVE BRIEFING

The Expendable Abang Characteristically, Justice Okon Abang was seriously reprimanded last week by the Court of Appeal for his habit of making a mockery of the judiciary with his controversial judgments, writes Davidson Iriekpen

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gain, Justice Okon Abang was last week in the news for his usual reason – judicial notoriety.

The Court of Appeal in Abuja while resolving the dispute over who was the authentic Peoples Democratic Party (PDP) governorship candidate between Jimoh Ibrahim and Eyitayo Jegede (SAN) in Ondo State descended heavily on him, describing his judgment on the issue as a fraud.

The Justice Ibrahim Saulawa-led three-member panel took turn to castigate and deride Justice Abang on how he handled the case, questioning how he arrived at his decision. They literally described him as ignorant of the law.

The judge of the lower court had on June 29, 2016, delivered a judgment recognising Biyi Poroye and others as the authentic state executive members of the PDP in their various states.

Subsequently, the judge, in a post-judgment ruling delivered on October 14, 2016, ordered INEC to drop Jegede and substitute him with Ibrahim as the governorship candidate of the PDP in the election held last Saturday.

But Justice Saulawa in setting aside the two decisions last week described them as “highly misplaced and most fraudulent.” While resolving all the seven issues formulated for determination in favour of Jegede, the appellate court described the failure of Justice Abang to grant fair hearing to Jegede, who was not a party to the suit before the Federal High Court, as “violent attitudinal disposition to rule of law.”

It said the judge committed a “grave error by violating the principles of natural justice.”

Another member of the panel, Justice George Mbaba, who read the lead judgment on Makarfi’s appeal, also described Justice Abang’s judgment as a “charade and fraud.” He ruled: “The entire proceedings leading to the judgment delivered on June 29, 2016, were in my view a fraud and it was intended to defraud the appellants. It appeared to be arranged by the same people, who paraded as the plaintiffs and the defendants.”

He noted that the first to ninth respondents (Poroye and others) did not have a proper course of action, adding that Justice Abang was “a willing party to achieve an ignoble goal.”

The appeal court held that Justice Abang acted without jurisdiction when he made orders against those that were not parties before him.

It also faulted the order granted in favour of Ibrahim on the grounds that the governorship candidate of the Sheriff faction was never a party to the suit and the prayer asking that he be recognised as the governorship candidate was not sought by the plaintiffs.

Justice Saulawa held that Justice Abang contravened judicial principles by granting an order not sought by the party. He said Justice Abang, having earlier in the main judgment delivered on June 29, ruled that the recognition he granted Poroye and others as state executive members of the party was with respect to the 2019 general election, the judge on his own, in his October 14, 2016 ruling, “targeted his orders at the November 26 governorship election.

“The court mistook his robe for that of Father Christmas and was handing out orders like Christmas gifts,” he ruled.

The attack on Justice Abang is not the first time his knowledge of the law would be questioned by the Court of Appeal. He is now habitual. In the last couple of months, he has acquired a reputation for his controversial orders, rulings and pronouncements which have raised eyebrows and reinforced the perception of rascality in the Nigerian judiciary.

So reckless and perverse are some of his orders and judgments that many analysts are wondering why the National Judicial Council (NJC), the highest judicial organ in the country still closing its eyes to the embarrassment he was causing the third arm of government.

Abang...how not to represent the judiciary

While he was sitting in Lagos, litigants and counsel had written petitions against him over the way and manner he had handled their cases.

Some of the aggrieved litigants and counsel had also had cause to openly object to his orders and disparaging the judiciary.

Today, many analysts strongly hold him responsible for the crises rocking the PDP. So far, he has granted a number of orders that have added to the confusion in the party.

Apart from the series of controversial orders he has delivered to stop the party’s national convention, Justice Abang has also acted in a

The attack on Justice Abang is not the first time his knowledge of the law would be questioned by the Court of Appeal.

He is now habitual.

In the last couple of months, he has acquired a reputation for his controversial orders, rulings and pronouncements which have raised eyebrows and reinforced the perception of rascality in the Nigerian judiciary…So reckless and perverse are some of his orders and judgments

manner largely suspected to be on mission to kill the PDP by granting many orders that Ali Modu Sheriff remained the authentic national chairman of the PDP and has the authority to act and take decisions on behalf of the party against the orders of similar courts of the same jurisdiction asking Sheriff to step down.

His bias and judicial blunder came to the fore when he sat on appeal of a judgment delivered by a similar court of concurrent jurisdiction presided Justice Abdullahi Liman of the Federal High Court sitting in Port Harcourt.

One of the most sacrilegious judgments delivered by Justice Abang was on June 27, 2016, when he ordered Dr. Okezie Ikpeazu to vacate his seat as Governor of Abia State for allegedly falsifying tax documents. He equally ordered the Independent National Electoral Commission (INEC) to issue a certificate of return to Mr. Sampson Ogah, who came second in the Peoples Democratic Party (PDP) primary election held in December 2014.

But in a unanimous judgment, which lasted about six hours, the five justices of the Court of Appeal held that the trial judge was not only perverse and biased in his judgment, but that he turned the law upside down. First, the court held that Justice Abang erred in law and occasioned a miscarriage of justice against the governor when he refused to give fair hearing and that he pre-judged the matter when he touched on the substantive issues at the preliminary stage without hearing the appellant.

Justice Ogunwumiju, who delivered the lead judgment in one of the appeals, held that Justice Abang “committed grave violence against one of the pillars of justice” relating to fair hearing.

She further held that the judge raped democracy in his order that INEC should issue a certificate of return to Ogah, when there was no evidence of forgery or criminality against the appellant.

According to the court, the judgment given

by Justice Abang was grossly erroneous, because it was based on inadequacy of tax receipts that could not be visited on the appellant (Ikpeazu).

Justice Ogunwumiju held: “After reading through the judgment several times, I was amazed at how the trial judge arrived at his conclusion of perjury against the appellant when there was no evidence of forgery. His findings are ridiculous. The judge must have sat in his chambers, unilaterally assessed and computed the

taxes of the appellant and came to the conclusion that he did not pay the required taxes.

“Courts are not allowed to speculate, as the trial judge did in the instant case. In one breath, the trial judge spoke from the two sides of his mouth when he claimed that he based his findings on supply of false information and in another breath, he came to the conclusion that the appellant committed perjury even when there was no allegation of forgery and no allegation that he did not pay tax.”

Justice Ogunwumiju also held that the trial judge turned the head of the law upside down in his conclusion that it was the appellant that should bear the burden of proof of an allegation made by Ogah.

“With respect, we disagree with him because it is the person that makes the allegation of falsehood that must prove it. The court erred when he imported the phrase, ‘as and when due’ into the PDP 2014 guidelines. The judge would not have imported the phrase into his findings if a copy of the PDP guidelines had been attached to the originating summons. The judge violated the party’s guidelines,” she said.

For now, it is not clear how many more damage Justice Abang will do to the judiciary before the NJC takes action against. When the residences of some judges were invaded recently by the Department of State Services (DSS), not a few Nigerians were surprised that that of Justice Abang was left untouched going by the way he has brought the judiciary to disrepute.

But because he is an ally of the government in power, he has become untouchable.

These days, it is very common to hear people making fond of the judge when wrong decisions are made by arbiters during arguments. The last castigation of Justice Abang by a superior court has again raised some vital issues about his role and some judicial officers in destabilising the political landscape and bringing the judiciary to great disrepute. The sharp criticism also confirmed the fears of Nigerians and that the judiciary really needs thorough cleansing.

This was why the Ekiti State Governor, Mr. Ayodele Fayose, called on the NJC to save the judiciary by sacking Justice Abang. Reacting to the Appeal Court judgment, Fayose said it was obvious that Justice Abang is representing the interests of some cabals.

He said: “In the face of these indictments by the appellate court, the NJC must wade in and save the judiciary from Abang. Again, three justices of the appeal court descended on Justice Abang, describing his judgments imposing Ibrahim as the PDP governorship candidate in Ondo State and the one affirming Sheriff as the PDP National Chairman as fraudulent.

“It should be recalled that in June, a fivemember panel of the court of appeal led by Justice Morenike Ogunwumiju said Abang ‘raped democracy’ when he annulled the election of Abia State Governor, Dr. Ikpeazu, and ordered INEC to issue a certificate of return to Ogah without evidence of forgery against Ikpeazu.

The court went on to say that Abang embarked on a wild goose chase and that he spoke from both sides of his mouth.

“These are clear indictments on Justice Abang and in a civilised society he ought to have resigned without the prompting of anyone.

Or how can a judge that has been adjudged severally as giving fraudulent judgments and acting like Father Christmas still sit in judgment over cases involving Nigerians? The NJC must do the needful by sacking him forthwith so that the bench can have a new lease of life.”

It is hard know if Justice Abang considers his reputation in all of this. Does he know that in the long run, he would be the ultimate loser?

Does he know after a while, those trying to use him to achieve their selfish aims would desert him and leave him to personally battle his own challenge?

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T H I S D AY • TUESDAY, NOVEMBER 29, 2016

TRIBUTE

Ajayi: Goodnight to a Moral Beacon Wale Adebanwi pays tribute to a former Yoruba leader, Chief Olaniwun Ajayi, who passed away recently

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s we surrender his remains to mother earth this week, the life and times of Sir Olaniwun Ajayi, lawyer, statesman, politician, author, intellectual, prodemocracy activist and Knight of John Wesley, will continue to be celebrated by many whose lives he personally touched and the millions whose lots were directly or indirectly dictated, or could have been dictated, by the progressive politics to which he devoted his entire adult life.

As a moral beacon and a man of great selfpossession, Sir Olaniwun was a rare combination of unbending resolve and inexhaustible patience.

Both attributes were fired by a commitment to egalitarian politics that even the serial setbacks that a polity sworn to political errancy such as Nigeria could not destroy. Though it had become “Africa’s failed asset,” as the title of one of his books concluded, Sir Olaniwun had no doubt that Nigeria could still be saved.

It was a testament to that unquenchable trust in the possibilities of public good, the creation of a good society and an evangelical sense of rectitude that a few hours before his passing, the old man was still at work building alliances to save Nigeria. To conclude that it was as if he knew that time was running out for him – and for Nigeria – would be wrong, because, indeed, he knew so. “Asiko nlo,” (“we are running out of time”), he said repeatedly, insisting on “the fierce urgency of now” in the last decade of his life.

When he and his fellow leaders of Afenifere, Chief Ayo Adebanjo and Chief Reuben Fasoranti, met with Governor Bola Tinubu only a few weeks before his death, it was the same urgency that drove them to insist on meeting the “Lion of Bourdillon” in his home rather than continue their tireless wait for Godot.

It was yet another mark of the admirable commitment of the disappearing members of the old guard to which he belonged that they kept their eyes on the mission not minding the frustrations and slights they have had to endure.

They were convinced that some factions of the progressive camp in Yorubaland were helping to polish the brass of a sinking ship. They had experienced this before and were worried that history was repeating itself as a farce.

A man of sartorial elegance and measured speech, Sir Olaniwun was one of the most deliberate and considerate Nigerians that ever lived. He was a disciplined man who lived a reflective yet practical life; he was methodical in his private life as he was thoughtful in his public life. His combination of piety and secularist ethos was distinctive. There was no honour that he valued in his life more than his knighthood (of John Wesley) in the Methodist Church – a church to which he devoted a substantial part of his time, efforts and resources.

This is why even though we all call him “Baba Olaniwun Ajayi,” we never forget to formally refer to him as “Sir Olaniwun.” His life was a reflection of the Calvinist tradition in many ways. His denominational affiliation, the Methodist Church, emerged from Arminianism, whose approach to religious doctrine of salvation (as championed by John Wesley, the founder of Methodist Christianity) differed from that of Protestant Calvinist tradition.

Yet, the Calvinist reformation shared similar history, theology and doctrines with the Wesleyan tradition and this reflected luminously in the life and politics of the methodical politician: The separation of the Church and State should not occlude their alliance in the production of generalizable good life. His late leader, Obafemi Awolowo, constructed his egalitarian politics around a specific understanding of the separation of Church and State, one immersed in the liberationist beliefs of Protestantism (articulated as part of the gains of the Enlightenment).

The failure of the campaign for the full embrace of the liberating potential of the enlightenment and the developmentalist implications of its core values has led Nigeria to roll from one absurdist ruler through a homicidal lout to another tragi-comedic incompetent.

Ajayi...Adieu!

I first had a close encounter with Sir Olaniwun, when I wrote a scathing piece in the newspapers in which I criticised the Afenifere/ Alliance for Democracy leaders for allowing President Olusegun Obasanjo to deceive and defeat them in the 2003 elections. I was then teaching political science at the University of Ibadan. He sent a message that I should contact him. I did and was invited to his Isara home.

Thus began a relationship that has been so enriching intellectually and culturally. As someone who was interested in studying the Awolowo political movement, this relationship helped in deepening my insight in what resulted in my book, The Yoruba Elites and Ethnic Politics in Nigeria: Obafemi Awolowo and Corporate

Sir Olaniwun combined excess of accomplishments and monumental endowments with manifest unpretentiousness.

Even as a living archive of the progressive movement in Nigeria, it was easy to relate to the old man because you knew clearly where he stood and where you stood with him. He was not one to mince words, even though he was a patient listener and sympathetic hearer.

But his tolerance never conflicted with his persistence

embrace his Enlightenment project.

Sir Olaniwun chuckled characteristically. He waited for a moment, then, asked gently: “Do you think it is possible for Nigeria to continue this way indefinitely? Can the country survive along this part?” Even when I argued that the most backward sections of the polity most in need of radical socio-economic redemption are also the parts most conducive to regressive politics and predation; that such regressive politics marked by the story of the boy who sold his patrimony and then pleaded that he should be assisted because he had no inheritance has since been federalised, the old man remained unpersuaded that Nigeria was not savable. I was forced to revert to my default position of trust in social and political rectitude.

After all, when Awolowo started his unsurpassed political project of “freedom for all, life more abundant”, the margin of error was huge and the possibility of success was almost non-existent. Yet more than six decades after, a combination of nation-wreckers without and heritage-hawkers within have failed to totally eviscerate that yearning for egalitarian rule that was holistically elaborated and cohesively mobilised by the visionary politician.

Sir Olaniwun lived and fought for a just, equitable, free and egalitarian Nigeria. He and his peers in the long siege laid to the wall of Nigeria’s Bastille believed strongly that power could be truly democratised and decentralised in a way that could turn Nigeria into a truly transformational federation where “though tribe and tongue may differ” we all stand in brotherhood (and sisterhood - as that old national anthem forgot to add). Sir Olaniwun desperately wanted this to be true in his life time.

As he departs, what can we learn from the life of this most accomplished of men? Plenty, no doubt! As members of my generation are often reminded by Sir Olaniwun’s more contentious and fervent friend and political ally of many decades, Chief Ayo Adebanjo, we must continue to have an unalloyed trust in the possibilities of political rectitude.

Another lesson is a commitment to party spirit that is exceptional. The commitment of Sir Olaniwun’s generation to the Westminster model of party supremacy is difficult to replicate in this age. Worthy of emulation too is Sir Olaniwun’s personal commitment to the Awolowo family, particularly after the exit of the patriarch. I know this because I was a witness to his fidelity.

Sir Olaniwun also taught us that it is never too late to accomplish – or at least try to accomplish –anything in life. At over 80, he began a project of becoming an author. He ended up with five books within a decade. He also wanted to study for a doctoral degree. He approached the Obafemi Awolowo University, Ife. When he was told that the process was too rigid to allow an octogenarian without a graduate degree to enroll for a Ph.D, he approached Professor Jacob Olupona of Harvard University in the US and Dr. Raufu Mustapha of Oxford University in the U.K. Both scholars were struck by the thirst of such an old man for knowledge generation. He didn’t succeed in gaining admission to either, so he turned his attention to private research and writing books. Finally, his life teaches us that personal rectitude will never go out of fashion among any serious people...

Born on April 8, 1925 in Isara-Remo to two earnestly religious peasants, Benjamin Awoyemi and Marian Efundolamu Ajayi, the young Ajayi struggled through early life. After attending the Wesley College in Ibadan, he made his way to England to study law, attending the London School of Economics and Political Science. He was called to the English Bar at Lincoln’s Inn in 1962. He returned to Nigeria to work for the UAC and later started his law practice.

Agency (2014). Sir Olaniwun’s capacity for reading widely, even in old age would put many young people to shame.

One of the unmistakable attributes of his class of Awoists is their modesty. Sir Olaniwun combined excess of accomplishments and monumental endowments with manifest unpretentiousness. Even as a living archive of the progressive movement in Nigeria, it was easy to relate to the old man because you knew clearly where he stood and where you stood with him. He was not one to mince words, even though he was a patient listener and sympathetic hearer. But his tolerance never conflicted with his persistence.

His inflexible commitment to public good and his unrepentant valorization of the egalitarian core of the Awoist ethos was not subject to compromise. In the best tradition of his late leader, Sir Olaniwun was a patriarch whose abundant wisdom never stood in the way of his attentiveness to the perception of youth. He possessed a rare capacity for attentive courtesy.

I never had any hesitation to disagree with him. He would listen with a kind gaze and then respond with an excess of insight and prudence that would sway you even if your assuredness about the changing dynamics that his generation is yet to fully embrace discourages you from agreeing with his prognosis.

One thing was sure though, you were always inspired, even if humbled, by an incontrovertible fact: Your generation will never equal the sacrifices of his generation, if not in the quality of their sacrifices, most certainly in the time span. Baba Ajayi’s generation breathed the struggle for a better Nigeria.

From the days of Action Group through the years of the Unity Party of Nigeria to the barricades of the NADECO years and the democratic resurgence of the Alliance for Democracy and the post-AD eras, the Knight of John Wesley was always at his post contributing his task to the struggle to make Nigeria more livable.

I once asked him what was responsible for the unending trust in political and social rectitude that was the hallmark of the Awoist progressive politics. I noted that even in the twilights of his life and in the light of clear -Adebanwi is a professor at the University of evidence that incompetence and lack of vision California, Davis. (matched by obduracy) were the persistent qualifications for the headship of the Nigerian NOTE: Interested readers should continue in state, Obafemi Awolowo, still believed that the the online edition on www.thisdaylive.com national political elite would see reason and

18

TUESDAY, NOVEMBER 29, 2016 • T H I S D AY

FEATURES

Acting Features Editor Charles Ajunwa Email charles.ajunwa@thisdaylive.com

NDDC Tasked on Service Delivery A mini-reception to celebrate Senator Victor Ndoma-Egba inauguration as chairman of the NDDC board was spiced with calls for a new narrative from the commission, writes Bassey Inyang

M

embers of the current board of the Niger Delta Development Commission (NDDC) were sworn-in by President Muhammdu Buhari, represented by the Minister of Niger Delta, Mr. Usani Usani, at the conference hall of the Secretary to the Government of the Federation in Abuja, the nation’s federal capital, on Friday, November 4, this year.

Among the 16 persons cleared by the Senate, and inaugurated by the President, were Senator Victor Ndoma-Egba (SAN), and Mr. Nsima Ekere, both of whom would serve as Chairman and Managing Director (MD) of the board, respectively.

They took over from the former Acting Managing Director (MD) of the commission, Mrs. Ibim Semenitari who was appointed by the president December last year.

It was a momentous occasion and a memorable day, especially for the people of the nine states of the Niger Delta region who have waited for the reconstitution of a new board for the commission since President Buhari dissolved the former board in December, 2015.

For their numerous admirers and wellwishers, it was a day that called for the rolling out of the drums for celebration.

As much as the occasion called for celebration, given the appointment of no less an experienced and cultured personality as Ndoma-Egba as chairman of the new board, it was high time the NDDC was placed in proper stead to serve the people of the region, some have reasoned.

So, at the end of the inauguration, members of the board and their well-wishers trooped to different parts of Abuja to make merry, and offer words of encouragement to the new NDDC appointees.

It was the scene at the Abuja residence of Ndoma-Egba where his wife, Amaka Ndoma-Egba, and the former Senate Leader had staged a mini-reception for guests who trooped there to celebrate with them.

But as the guests helped themselves to assorted delicacies, especially Nigerian cuisines and assorted drinks, some of the guests and well-wishers of the Ndoma-Egbas who delivered their goodwill messages also

We should give him our support and understanding.

Rome was not built in a day. He should be supported to succeed. There is so much to repair in the NDDC. A lot has been destroyed. NdomaEgba should go and tidy up that place and make it prosperous to the Niger Delta and the nation at large

Semenitari (standing),delivering her address at the handing-over ceremony. Ndoma-Egba,NDDC Commissioner for Cross River State, Sylvester Nsa and others, watch

Ndoma-Egba and his wife, Amaka, taking to the dance floor

called for a new, accountable and productive approach in the running of the NDDC. They tasked the chairman to ensure that an internal surgery was conducted on the commission with a view to cleansing it of its internal rot and making it more developmental in nature.

A former governor of Cross River State, Dr. Clement Ebri, said Ndoma-Egba’s appointment was “oxygen to Cross River State and the Niger Delta.

“As far as we are concerned, Buhari has given us the best shot. Ndoma-Egba is endowed intellectually. He has the capacity, acumen, credibility and integrity and we are all proud of him. This appointment is like 10 appointments. We thank God for taking shame away from our faces. For years Cross River State has had nothing worth celebrating.

We thank God for this administration. There is hope for Cross River.

“We should give him our support and understanding. Rome was not built in a day.

He should be supported to succeed. There is so much to repair in the NDDC. A lot has been destroyed. Ndoma-Egba should go and tidy up that place and make it prosperous to the Niger Delta and the nation at large.

God will strengthen you and we are proud of you.

“He has the intellect, he has the capacity, he has the acumen, and he has the credibility

and integrity. I am so proud. It is like 10 appointments as far as I am concerned. So, I want to join all of you in thanking Mr. President for giving us this and removing the shame from our faces,” Ebri said.

Continuing, Ebri who is a member of the Board of Trustees (BoT) of the All Progressives Congress (APC) said, “For several years, we have not had anything worth celebrating, but today there is hope for the Cross Riverians, there is hope for Niger Delta, there is hope for APC, and there is hope for Nigeria. I plead that we should all give him the support and also show understanding. Rome was not built in a day. He is going into an organisation that has been destroyed. An organisation that has been seriously under governed and he needs some time. Don’t expect that he will take care of everybody overnight. There is so much to repair. We are suffering today because our people failed to reckon with the storms when fair weather prevailed and that is precisely what he needs to do now.

To go and tidy up that place and make it once again profitable and bring prosperity to the organisation. So, I pray God should give him the wisdom, courage and all that he needs to put that place back on an even keel. We as Cross Riverians are proud of him and we can assure you that we can close our eyes and go to sleep because we know he is going to discharge this assignment with

all the arsenals at his command.”

A former senator representing the Southern Senatorial District of Cross River State, Prince Bassey Otu, described the appointment as important one in the annals of the Niger Delta, more so with the yearnings of the people of the region for an NDDC that would bring unprecedented development to the region.

“We wish you a very productive session in the NDDC. Your appointment this day is an important one in the annals of history of Cross River State and the Niger Delta.

We call on you to continue the tradition of Cross Riverians in the federal service who have offered impeccable and quintessential service to the motherland.

“The NDDC is an interventionist agency that has been left in a state of great mess. God has sent a man of peace to the NDDC. We solicit support from all to give him necessary backing to succeed. We wish you a very productive work session in the NDDC. We urge you to work hard to turn around the fortunes of the Niger Delta. Do not be afraid.

We are always behind you. Be courageous and strong.

“This is an important day in the annals of development of the Niger Delta. We salute the dexterity of a man destined for the top.

Despite the plan to truncate his way to the top when God has planned no man can stop,” Otu said.

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• T H I S D AY TUESDAY, NOVEMBER 29, 2016

FEATURES

A cross section of guests at the reception organised for Ndoma-Egbe

Also speaking, a former Nigerian Ambassador to Mali, Mr. Soni Abang, told the new NDDC chairman to be committed and work hard to change the fortunes of the region.

Abang stated that it was time the Niger Delta region should be known for greater things in terms of infrastructural and human development.

“I have no doubt that he will deliver on this assignment. He will do this job and excel.

For the people of the South-south, I want to assure you that you have a square peg in a square hole. We must all support him to succeed in this assignment. It is time for the South-south and Niger Delta to rise and shine. It is for the Niger Delta to be known for greater things than what it is known for now. It is for Nigerians to know that there are leadership materials in the Niger Delta that can change the destiny of this country if given the opportunity.”

Chairman of the Editorial Board of the African Independent Television (AIT), Ray Ugba Murphy stated that given the experience garnered by Ndoma-Egba in public service, he was confident that the NDDC under his leadership would perform creditably, to the satisfaction of the South-south people and the people of Cross River State.

“I stand here with pleasure because I come from the South-south and Cross River State. I stand here in gratitude to God and then after that, to the “President and Commander-inChief of the Federal Republic of Nigeria. We are grateful to Mr. President for putting the South-south agenda on the table and within the southern agenda he has put our friend and brother, distinguished Senator Victor Ndoma-Egba on the saddle. Many years ago he was appointed commissioner at the age of 27 and he did a great job. I want to

The NDDC is an interventionist agency that has been left in a state of great mess.

God has sent a man of peace to the NDDC. We solicit support from all to give him necessary backing to succeed. We wish you a very productive work session in the NDDC. We urge you to work hard to turn around the fortunes of the Niger Delta. Do not be afraid. We are always behind you.

Be courageous and strong

Former Secretary, NPC, Ntufam Fidelis Ugbo, former Niger Ambassador to Mali,Soni Abang, at the reception

A cross section of NDDC Board members at the swearing-in ceremony

L-R Ekere, Ndoma-Egba and Semenitari

believe this opportunity is a chance for the South-south to know excellence that comes from Cross River State. “Cross River State is good and we are going to show what we are made of and I think that the South-south for the first time will have an opportunity to see and understand why Cross River is the largest state in southern Nigeria. Good times are here. South-south should be ready for Cross River magic and I tell you, after the

tenure of this NDDC you will know why they say Calabar is where it happens.”

Toeing the line of the various speakers, Ndoma-Egba, promised a complete overhaul of the commission for the attainment of the much needed development of the Niger Delta region.

“First of all, we would need to carry out a number of audits. An audit of our systems, audit of our processes, audit of our

projects and audit of our personnel so that we can have a true picture of, not only the governance systems, but also a true picture of our obligations,” Ndoma-Egba said.

Ndoma-Egba promised that the new board members would not fail the people of the region in the task set before them, but stated that: “The people must be prepared to contribute their quota in the development of their regions.”

20

IMAGES

L-R: Country Senior Partner, PricewaterhouseCoopers(PwC), Mr Uyi Akpata, Director, Corporate Finance, PwC, Mr Simon Venables; and Partner, PwC, Mr Visha Ashiagbor, at the PwC’s Alumni Cocktail in Lagos... recently

Arik Air Chairman, Joseph Arumemi-Ikhide (right), welcoming the Director, Peace Keeping Operations, Defence Headquarters, Brigadier General Anthony Atolagbe, to Arik Air when a team from the Defence Headquarters visited the airline...recently

T H I S D AY • THURSDAY, NOVEMBER 29, 2016

Photo Editor Abiodun Ajala Email abiodun.ajala@thisdaylive.com

L-R: Head Research, Nigeria Economic Summit Group, Dr. Olusegun Omisakin; National Treasurer, Chartered Institute of Personnel Management of Nigeria (CIPM,) Mrs. Ifeoma Adeniyi; acting Managing Director, Bank of Industry (BoI), Mr. Waheed Olagunju; Vice-President of CIPM, Mr. Udom Inoyo; and Registrar/CEO of CIPM, Mr. Sunday Adeyemi, during the 20th annual public lecturer of CIPM at Onikan, Lagos...recently

The Emir of Keffi, Dr. Shehu Usman Yamusa(right), presenting the “Cheetah Award” of the Keffi Old Boys Association (KOBA) to the Minister of Information and Culture, Alhaji Lai Mohammed, at an Award Night organised by KOBA in Abuja...recently

L-R: Company Secretary, Guinness Nigeria Plc, Mr. Rotimi Odusola; Managing Director/CEO, Mr. Peter Ndegwa; Chairman, Mr. Babatunde Savage; Vice-Chairman, Mr John O’Keffe; and Non Executive Director, Mr. Bismark Rewane, at the 66th annual general meeting of the company in Benin, Edo State...recently

L-R: Shell Kenya Country Chair, Brian Muriuki; Shell #makethefuture ambassador, Yemi Alade; and Coinventor, GravityLight, Jim Reeves, at a media roundtable during the Shell #makethefuture 50 Nights tour in KenyaÖrecently

L-R: Elder Fred Youdeowei; General Overseer, Victorious Army Ministries International, Apostle Joseph and wife, Mama Blessings Agboli, during a press conference on the ministries annual Bethel Victory Convention holding from 29th-4th December, held at the church auditorium, Ogba, Lagos ...recently KUNLE OGUNFUYI

National Chairman, Independent Democrats (ID), Hon. Edozie Madu, cutting the tape to commission the new office of the Youth Empowerment Office of ID at Ogbunka Orumba South Local Government Area of Anambra State...recently

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T H I S D AY • TUESDAY, NOVEMBER 29, 2016

BUSINESSWORLD NIBOR OVERNIGHT 1-MONTH

R A T E S 13.4583 16.7688

A S

3-MONTH 6-MONTH

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20.8342 22.6257

Group Business Editor ChikaAmanze-Nwachuku Email: chika.amanzenwachukwu@thisdaylive.com 08033294157, 08057161321

N O V E M B E R 1 8 ,

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6-MONTH 9-MONTH 12-MONTH

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EXCHANGE RATE N305.25US DOLLAR AS AT LAST FRIDAY

Quick Takes Lufthansa Pilots Ready for Talks

German pilots union, VC said on Sunday it was open to further talks with Lufthansa to try to find a compromise over a long-running pay dispute that caused a four-day strike last week, adding the airline needed to present a new offer. “It will become clear in the course of the day how the dispute will continue,” a spokesman for VC told Reuters.

Lufthansa said earlier that all flights would start on schedule on Monday, November 28, as there had been no further strike call from VC so far.

Lufthansa cancelled nearly 2,800 flights during a four-day strike from Wednesday that affected more than 350,000 passengers, the 14th walkout in a dispute since early 2014 that has cost the carrier hundreds of millions of euros.

Germany’s biggest airline earlier urged VC to resume talks.

“We have to talk,” Bettina Volkens, Lufthansa’s board member in charge of human resources, told Bild am Sonntag. “I hope very much that (VC) finally changes its uncompromising stance.”

“This cannot be forced via strikes.”

Iran Optimistic on OPEC Deal

YOUTH EMPOWERMENT

L-R: Customer Relations Executive, MTN Nigeria, Ugonma Nwoye; Ogun State Governor, Senator Ibikunle Amosun and the Group CEO, ISON BPO International Limited, Mr. Pravin Kumar, during the official switch on and unveiling of ISON BPO’S call centre and youth skill development facility in Abeokuta, Ogun State… recently KOLA OLASUPO

Fashola: 11 Discos Frustrating NERC’s Regulatory Duties Chineme Okafor in Abuja The Minister of Power, Works and Housing, Mr. Babatunde Fashola has alleged that the 11 electricity distribution companies (Discos) have become stumbling blocks to the smooth regulation of the power sector by the Nigerian Electricity Regulatory Commission (NERC).

He also said the Discos were largely responsible for the delay in the settlement of debts owed them by federal government agencies that consumed electricity without paying.

Speaking recently when he inaugurated a transmission line built under the National Integrated Power Projects (NIPP) by the Niger Delta Power Holding

ENERGY Company (NDPHC) in Akwa Ibom State, the minister said that there were instances where the Discos have by their actions impinged on NERC’s regulatory responsibilities.

The minister made the allegation on the back of repeated media advertisements and promotions by the Discos in which they consistently absolved themselves of the failings of the sector.

He specifically noted that the Discos have irrespective of their excuses, failed to also tell Nigerians that they have mostly refused to submit their annual statement of accounts to the NERC as required by the

reform law, as well as frustrated attempts by NERC to activate their pacts in the Transitional Electricity Market (TEM) which should bind them to objective service delivery.

Both occasions, Fashola added, have impacted on the progress of the sector.

He said in the past three years the Discos have refused to submit their audited financial reports to NERC), and when the commission wanted to activate their contractual obligations as contained in the TEM, they dragged it to court and frustrated its efforts.

“Advert should also have told Nigerian public how many Discos have gone to court to frustrate the attempt by NERC

to hold them to their contracts so that they can pay the Gencos who have been sacrificing, the gas producers who have not received payment and who have continued to act patriotic,” said Fashola.

He added: “It is important to remind all of us that the privatisation exercise that transferred the distribution companies was not held as a contract with an association. It was between Nigeria and the distribution company.

“So, while I respect the right of an association, the constitution guarantee the freedom of association, the Federal Government will not pay over N100 Continued on page 22

FG to Check Abuse of Nigerian Content in Midstream, Downstream Sub-sectors Ejiofor Alike The federal government will shift focus from the upstream sub-sector to the downstream and midstream sub-sectors of the Nigerian oil and gas industry in the implementation of the Nigerian Oil and Gas Industry Content Development (NOGICD) Act of 2010, the new Executive Secretary of the Nigerian Content Development and Monitoring Board (NCDMB), Mr. Simbi Wabote has said.

The newly-constituted board of the local content monitoring agency has also written to the midstream and downstream operators to study the NOGICD Act properly and ensure prompt compliance to its provisions.

Speaking at a special panel

ENERGY session of the Sixth Practical Nigerian Content Conference that ended in Abuja at the weekend, Wabote noted that Section 106 of the NOGICD Act empowers his agency to superintend on the activities of the upstream, midstream and downstream sub-sectors of the oil and gas industry.

He, however, acknowledged that the only area the NOGICD Act exempted the midstream and the downstream sub-sectors is in the payment of one per cent of the value of every contract awarded in the industry into the Nigerian Content Development Fund (NCDF).

NCDF was established by Section 104 of NOGICD) Act

of 2010 to address paucity of funding faced by manufacturers, service providers and other key players.

The Fund is pooled from one per cent of every contract awarded in the upstream sector of the industry and is managed by the NDCMB. Wabote added that since the Act was enacted, the focus has always been on the upstream segment of the industry, adding that his board will soon develop a strategy to penetrate the midstream and downstream segments.

“I think one of my strategic focus in the life of this board and council members is to now begin to look at the downstream as well as the midstream. If you check Section 106 of the

NOGICD Act itself, it clearly states that the board shall superintend on the activities of the upstream, midstream and downstream. The only area they are exempted from is the payment of one per cent fund.

That is only focused on the upstream sector,” he explained.

Wabote said his agency was mindful of the enormous challenges facing the sub-sectors, particularly the refining sector, which has been struggling to sustain themselves with regards to refining products for Nigerians.

He, however, said there were still enormous opportunities for Nigerians in the sub-sectors, adding that as part of the efforts Continued on page 22

Iran is optimistic that the Organisation of Petroleum Exporting Countries (OPEC) can reach a deal on limiting oil supplies and plans to announce its own decision about any output curbs at the group’s meeting next week, Iranian Oil Minister Bijan Zanganeh said on the ministry’s official website SHANA. “The proposal of Algerian Energy Minister (Nouredine Bouterfa) on the production of each country was presented today and carefully studied,” Zanganeh was quoted as saying on Saturday after meeting Bouterfa in Tehran.

Bouterfa said Algeria’s proposals called for 1.1 million barrels per day (bpd) in cuts by OPEC members and decreases totalling 600,000 bpd by non-members, SHANA reported.

“If OPEC members ... agree, oil prices will reach $50 to $55 next year and $60 by the end of the year,” Bouterfa was quoted as saying.

The Organization of the Petroleum Exporting Countries is moving closer toward finalising its first deal to limit oil output since 2008 but Iran has been a stumbling block because it wants exemptions as it tries to regain oil market share following the easing of Western sanctions in January.

“We are to present our views about this proposal at the ...

Nov. 30 OPEC meeting,” Zanganeh said. “The general trend and public statements suggest that OPEC can reach a viable agreement for its production and market management.”

“If we can agree, and I am optimistic, (oil) prices will increase and this is also what the world economy demands.”

Palm Oil Prices to Plunge

Prices for crude palm oil will drop nearly 30 per cent by the third quarter of 2017 as global production recovers from the effects of last year’s El Nino weather pattern, leading industry analyst, James Fry said at the weekend.

International crude palm oil output will climb by about 6 million tonnes in 2017, Fry said at an industry conference in Bali. But he added that Indonesian demand for palm to churn out biodiesel would rein in declines in the market.

He said prices would stand around $500 per tonne on a free-on-board basis (FOB) in the third quarter of next year. That is way below levels around $685 this week PALM-MYFOB-P1.

Prices for crude palm oil will drop nearly 30 per cent by the third quarter of 2017 as global production recovers from the effects of last year’s El Nino weather pattern, leading industry analyst, James Fry said at the weekend.

International crude palm oil output will climb by about 6 million tonnes in 2017, Fry said at an industry conference in Bali.

We are targeting refiners and big traders, as well as companies that have made substantial investment in the oil and gas industry, particularly in the downstream sector Group Managing Director of the NNPC, Dr. Maikanti Baru

22

T H I S D AY • TUESDAY, NOVEMBER 29, 2016

BUSINESSWORLD FASHOLA: 11 DISCOS FRUSTRATING NERC’S REGULATORY DUTIES

billion to anyone under the aegis of an association. That is not how to solve it.”

He stated that as regards the debt claims of the Discos, the government will treat them individually upon its honest verification of their claims and not with their association, adding that his request for them to submit records of their claims have been largely rebuffed by the Discos.

“We won’t pay estimate.

The figure must remain clear in naira and kobo terms.

And we will do our work. I think that the advert that the Discos issued should also have conveyed information to the Nigerian public about how many of them have supplied details of their audited accounts for the last three years. And we have been asking them to provide it,” he explained.

Fashola also said on the operational difficulties of the Discos: “Those Discos who cannot run the business must be honest with themselves now and begin to look for options either to raise capitals, to get more strategic partners in or to do whatever they consider appropriate within the framework of their contract in order to get on with this job.”

FG TO CHECK ABUSE OF NIGERIAN CONTENT IN MIDSTREAM, DOWNSTREAM SUBSECTORS

to penetrate the downstream, the agency last week wrote the operators to study the NOGICD Act properly and ensure full compliance.

“Before I left office this morning, we sent letters out to some of the midstream operators, asking them to ensure that they find time to read the Act and also do everything in compliance with the provisions of the Act. Gradually, we will penetrate into these sectors, not just to be a policeman to the industry but also to work with them, to look for opportunities for Nigerians so that Nigerians can participate actively in that sector,” Wabote added.

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NEWS

Saraki Seeks Ways to Promote Renewable Energy Chineme Okafor in Abuja Nigeria should move against the entrenched interest militating against her successful pivot into renewable energy, the Senate President, Dr. Bukola Saraki has said.

Speaking recently at the inaugural green economy lecture series organised by the Sustainable Energy Practitioners of Nigeria (SEPAN) in Abuja, Saraki said that irrespective of these existing interests, a cleverly pursued consultative process could help begin to change the situation, albeit it could take long.

He noted that Nigeria having signed and recently ratified the agreements in the Paris Conference of Parties (COP), now puts on the laps of the National Assembly, the responsibility of mainstreaming the COP provisions into her national economy through legislative actions. According to him, this would be undertaken by the National Assembly with a lot of candour and sense of responsibilities.

“The 8th National Assembly has become a part of this journey at this moment in history because I believe deeply that we cannot solve the challenges of our time unless we solve them together.

“We may have different stories, but we hold common hopes. We may not be looking in the same direction, but we all want to move in the same direction – towards building a lasting legacy of sustainability for the future of our children and grandchildren,” Saraki said.

He then stated: “The green agenda and GLOBE Nigeria

partnership will not only put us head and shoulders above our peers in collaborating on international environmental management best practices, but would also show our commitment in bettering the lives of Nigerians. It will provide a platform for legislation on environment, ecology and sustainable development as a whole.

“However, it will not be an easy one as it is likely to meet the resistance of an entrenched system. This pathway is char-

acterised by steps, changes in resource efficiency and shift in emphasis from the shareholder value to stakeholder value. It is a long term process which will require political leadership, new skills, collaborations, continued innovation, research and investment.”

Saraki who also got honoured at the lecture series for his contributions to Nigeria’s climate change positions and renewable energy, explained that jobs that could be created from the country’s pivot to renewable

energy sources are immense.

He said: “Available data shows that Nigeria can generate over three million jobs annually in the renewable energy industry. Why are we not looking in that direction aggressively enough?”

“This is an opportunity for us to create green jobs for our people. The 8th National Assembly working with the cooperation of GLOBE international is seeking to attract the cooperation of lawmakers in Nigeria towards an empirical

trajectory of legislative action to create sustainable and alternative sources of energy, while helping to diversify our economy.

“In joining nations such as the United States of America, Japan, China, Indonesia, South Africa; our country’s legislators shall work with all agencies of government to ensure that a sustainable framework is established to produce firm policy programs to promote sustainable forms of energy and improve the quality of life of our people,” he added.

BOOSTING ELECTRICITY SUPPLY

L-R: Acting Managing Director/Chief Executive Officer, Enugu Electricity Distribution Company (EEDC), Mr. Srinivas Jayaraman; Group Managing Director, Inner Galaxy Steel Company, Andy Lu and General Manager (Operations), Market Operator, Transmission Company of Nigeria (TCN), Mr. EA Eje, during the formal inauguration of 85MVA Injection Substation at Inner Galaxy Steel Company, Alaoji, Abia State…recently

Lawmakers Move toTame Unsolicited SMS, Calls Emma Okonji In support of the recent warning letters issued by the Nigerian Communications Commission (NCC), to 13 telecoms operators, threatening to sanction them, should they continue to broadcast unsolicited short message service (SMS) and voice calls, otherwise known as telemarketing, members of the House of Representatives have said a new bill seeking to put an end to the menace, would soon be passed.

Chairman, House Committee on Communication, representing Ibadan South West Federal Constituency, Honourable Saheed Fijabi, who made the disclosure, said the bill, when passed into law, would address all cases of unsolicited SMS and voice calls, in order to protect the consumer right to privacy.

“As legislators, we are not happy that telemarketing still exists in the Nigerian telecoms space, despite the efforts put in place by the NCC to assuage it. What we did as legislators is to invite all telecoms operators to discuss the issue some time ago, but last week there was an amendment of the bill for the stoppage of unsolicited SMS in the country, and very soon there will be a law passed on unsolicited SMS,” Fijabi said.

According to him, the legislators are worried about poor service quality in the

telecoms industry and would do everything possible to address the situation. So we will not like the subscribers to face various challenges in the telecoms space, hence our resolve to begin with unsolicited SMS and voice calls, before seeking to address the issue of poor service quality in the telecoms sector. It is a gradual process, and I know we will get over it soonest. The present crop of management staff of NCC is doing very well and we are willing to support them with enabling laws, Fijabi said.

According to him, the quality of data service is still low and the legislators are not happy about it, and this is the reason we are working to improve broadband penetration in Nigeria, the law maker said.

Meanwhile, the Canadian telecommunications regulator has asked all telecoms companies in the country to create a better system to protect their subscribers from unsolicited telemarketing.

The regulator, in a recent compliance and enforcement order, asked all Canadian telecommunications companies to develop network-level solutions to block illegitimate nuisance calls and propose opt-in filtering solutions for consumers to further reduce unsolicited calls.

Chairman, Canadian Telecommunications Regulator, Jean-Pierre Blais, in a

statement issued this month, said: “Telecommunications service providers are in the best position to develop and implement call management solutions for the millions of Canadians tired of receiving nuisance calls, just as they have done for e-mail and text message.” Canada’s unsolicited telecommunications rules provide a comprehensive framework to regulate unsolicited calls, including through the National Do Not Call List Rules, Telemarketing Rules and Automatic DialingAnnouncing Device Rules. But the regulatory body has said it is increasingly difficult to stop nuisance calls when callers use caller identification spoofing to mislead consumers.

The regulatory agency rejected suggestions by some companies that Section 36 of Canada’s Telecommunications Act prohibits carriers from using call-control techniques that would eliminate or reduce nuisance calls, but said that offering such services require its approval.

The Nigerian Communications Commission, last week, issued warning letters to 13 telecommunication companies in Nigeria, insisting they put an end to the broadcast of unsolicited SMS and voice calls, or risk sanction.

The Director, Public Affairs at NCC, Mr Tony Ojobo who

confirmed the warning letters, said: “After several meetings, including those we held with the network providers, it became necessary to issue

the latest ultimatum to redress the menace of incessant unsolicited text messages and phone calls for telemarketing via the various networks.”

Benue to HarmoniseTax Payment System George Okoh In Makurdi Benue state government has commenced the harmonisation of tax payments in the state.

The Executive Chairman of the Benue Internal Revenue Service, BIRS, Mrs. Mimi Adzape-Orubibi, who made this known at a recent stakeholders meeting with chairmen and secretaries of trade unions in the state said the new policy would effectively eliminate cases of double taxation in the state.

She said: “Under the State Joint Revenue Committee, SJRC, the knotty issue of taxes on Signage and Advertisement have been harmonies to eliminate all forms of double taxation.

“Under the new regime, the taxes would be collected by the BIRS on behalf of the State and Local Government Councils, LGCs. and after which the BIRS would remit 50 percent of whatever was collected to the LGCs.

“That would effectively eliminate the issue of the people having to pay taxes to the state and local governments which could be suffocating to Small and Medium Scale Enterprises SMSEs.” Adzape-Orubibi informed the union leaders that the Board was embarking on the enumeration of all business in the state for effective planning and for the purpose of availing the businesses soft loans to enable them improve their annual yields in order to pay better taxes.

In his speech, a representative of Ercas Integrated Solutions, the consultants handling the project, Mr. Abdullah El-Amin said when completed, the project would avail traders, owners of SMSEs and artisans wider customer reach.

He said: “We will have everyone on a business directory which would be distributed everywhere and also lunched on the internet.”

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Deepening Local Participation in Oil and Gas President Muhammadu Buhari’s Petroleum Industry Roadmap has raised expectations of stakeholders desirous of eliminating the existing bottlenecks against local participation in the industry. Ejiofor Alike reports A major challenge facing the Nigerian economy is that the huge revenue and huge industry spend in the oil and gas sector is not effectively linked to the economy, apparently due to low participation of indigenous manpower and facilities in the oil and gas business.

With the low participation of the local manpower and facilities, a greater chunk of the industry spend is not domiciled in-country to create an attendant multiplier effects on the Nigerian economy.

Before the federal government made a bold attempt to domicile a large scope of the industry jobs in-country through the enactment of the Nigerian Oil and Gas Industry Content Development (NOGICD) Act of 2010, only less than 10 per cent of the then about $12 billion spent yearly in the industry was domiciled in Nigeria.

However, the implementation of the NOGICD Act, better known as the Nigerian Content Act, has become a game changer as it has incentivised many indigenous players to invest heavily in capacity development to compete with foreign yards in certain scope of engineering and fabrication jobs.

Speaking in Abuja recently on ‘Promoting Investment and in-country Value Addition through Nigerian Content,’ at the Sixth Practical Nigerian Content Conference, the new Executive Secretary of Nigerian Content Development and Monitoring Board (NCDMB), Mr. Simbi Wabote clarified that the focus of Nigerian Content is not ‘Nigerianisation’ of the oil and gas sector, but rather ‘domiciliation’ of value-adding activities Landmark achievements Though the NOGICD Act is not “Nigerianisation” of the oil and gas sector, it stipulates that certain scopes of jobs in the industry must be performed in Nigeria and by Nigerian facilities and manpower, thus ensuring the retention of the industry spend in the country to boost the economy.

By domiciling certain scopes of jobs in-country, the Act has incentivised indigenous providers of services to invest heavily to build capacity to be able to meet the expected demand in more challenging jobs.

Enumerating the successes recorded in the past six years, the immediate past Executive Secretary of NCDMB, Mr. Denzil Amagbe Kentebe had noted that the agency’s interventions on compliance had increased participation of Nigerians in oil and gas contracts from less than 10 per cent to over 80 per cent, stressing that the country now has a new class of indigenous entrepreneurs carrying out businesses that were hitherto done abroad.

He said prior to the enactment of the NOGICD Act, Nigerian indigenous companies were producing three per cent of Nigeria’s oil and gas but are now producing close to 10 per cent with a target to achieve 30 per cent by 2020.

In the area of manufacturing intervention, to maximise utilisation of Nigerian-made goods, the Nigeria Oil and Gas Park Scheme (NOGaPS) is being implemented to establish specialised parks for manufacturing variety of equipment, components, accessories and chemicals for the oil and gas industry.

Already three sites have been secured in Imo, Cross River and Bayelsa States.

Through NOGaPS, the country plans to develop Small and Medium Entrepreneurs (SMEs) to become Original Equipment Manufacturers (OEMs) of the future.

Also the Liquefied Petroleum Gas (LPG) cylinder manufacturing initiative is being implemented to promote local manufacturing of LPG cylinders.

Pipe Mill project was also conceived to address current gap in supply of Linepipes in the oil and gas industry by promoting establishment of at least four pipe mills by 2018.

In the area of asset ownership, NCDMB’s Marine Services Strategy and Offshore Rig Acquisition Strategy has created a new wave of indigenous owners of marine assets servicing the oil and gas industry.

With the heavy investment made in the development, indigenous facilities are now able to handle fabrication of production platforms; testing of Hyperbaric Chamber for Subsea Control Modules

LADOL Free Zone and testing of Landing Strings; in-house bending of Hydraulic Tubes for Trees; advance insulation technology; and Wireline Pipe-Recovery.

Also for the first time in the history of Nigeria’s oil and gas sector, Offshore Living Quarters was built in a Nigerian yard for Total’s Ofon 2 Project. Shell Nigeria Exploration and Production Company (SNEPCo) has also successfully used Nigerian engineers to refurbish five Subsea Trees in-country, thus consolidating its leadership role in pioneering local content initiatives and also setting a new record in Nigerian Content among the international oil companies (IOCs).

While many Nigerian yards – Aveon Offshore, Dorman Long, and Nigerdock, among others, have recorded landmark achievements on Nigerian Content development within the past six years, LADOL’s FPSO integration facility in Lagos is reputed in the oil and gas industry as a game changer on Nigerian Content.

Nigeria’s over 50-year- old oil and gas industry has more than 14 Floating, Production, Storage and Offloading (FPSOs) all built in foreign yards.

After the main FPSO was built in the Korean yards, some of the structures such as the modules, platforms, bridges (gangway), helipad, among others, were fabricated in Nigerian yards and

While many Nigerian yards – Aveon Offshore, Dorman Long, and Nigerdock, among others, have recorded landmark achievements on Nigerian Content development within the past six years, LADOL’s FPSO integration facility in Lagos is reputed in the oil and gas industry as a game changer on Nigerian Content

shipped to Korea for integration into the main FPSO before the FPSO sailed to Nigeria.

But LADOL, in partnership with Samsung Heavy Industries (SHI) of South Korea, is now constructing an FPSO integration yard, a legacy investment that will be completed in 2017.

The project will be used for the integration of Egina FPSO and indeed, all future FPSO built for the West African sub-region, as well as ensuring that over 50,000 Nigerians are gainfully employed directly and indirectly.

The integration facility, which is expected to gulp $300 million, will first be used to integrate the $3.3 billion Total Upstream’s FPSO being built

by SHI for the $16 billion Egina deepwater field.

Speaking recently on the progress of work at the facility, the Managing Director of LADOL, Dr. Amy Jadesimi said the construction of the fabrication and integration yard, which is the largest of its kind in West Africa, had been completed.

“We have the capacity for the largest crane in the world really, but definitely the largest in West Africa. We have now completed the erection of our shore crane, which is over 100 metres tall and it is the second tallest of its kind in the world. So, we have really come a long way. We are now busy in the yard fabricating modules for Egina FPSO. This is a complete game changer. By enabling the FPSO to berth in Nigeria, you are focusing the entire world attention on the ability of the country to now do the largest project in the world in-country.

It changes the way local content is done,” she explained. Jadesimi said the local demand for fabrication and engineering would increase fourfold, adding that human capital development and building additional capacity throughout the country would be the next challenge.

“Right now, we don’t have the capacity to meet the increasing demand the yard is going to bring into the country. The reason you have so many yards in countries like South Korea is that when the FPSO arrives, you actually have 10 or 20 companies all working in that project.

So, we need capacity development across the country and we are looking forward to the FPSO arriving so that our President can be the first president in Africa to stand on the deck of an FPSO in his own country, surrounded by other world leaders,” she added.

Expected impact of Buhari’s ‘7 Big Wins’ Despite the gains of the local content, indigenous operators who have invested heavily to build capacity are still badly hit with lack of jobs, due to continued outsourcing of jobs for which there is local capacity and capability, thus leading to empty yards. According to the pioneer Execu-

tive Secretary of the NCDMB and President of Global Local Content Council (GLCC), Mr. Ernest Nwapa, with oil prices falling more than 70 per cent, E&P sector has also cut capital expenditure and deferred major capital projects.

These challenges have left indigenous services providers with few jobs to compensate for the heavy investment in capacity development.

However, the Petroleum Industry Roadmap, better known as ‘7 Big Wins,’ developed by the Minister of State for Petroleum, Dr. Ibe Kachikwu, is an ambitious attempt to address the plethora of challenges.

Speaking in Abuja recently at the Sixth Practical Nigerian Content Conference, Nwapa said the ‘7 Big Wins’ was an indication of a renewed focus on key areas such as security, policy and regulation, business environment and investment drive, and gas revolution.

“Therefore, despite continuing volatility and challenges, it is imperative that National Content be re-energised for today’s operating environment,” Nwapa added.

For LADOL, the ‘7 Big Wins’ should address the issue of lack of level-playing field in the industry. Jadesimi said having developed an investment that would provide 50,000 direct and indirect jobs, her company had demonstrated that it can transform the country by transforming the industry through long term investment in strategic infrastructure.

“In order to do more of that and in order to make it easier for the next person than it has been for LADOL, the main thing to make easier is to have level-playing field. Everybody should be treated equally; contracts should be tendered fairly; tenders have to be started and finished on time and people who subvert the tendering process and people who get contracts and then inflate the prices have to be excluded from the market to show that it is no longer business-as-usual,” She said.

Nwapa on his part, added that the next step should also include extending local content to the other sectors of the economy.

“Local content will enhance domiciliation of industry spend, improved training, funding and development of our agro technology. A thriving gas industry will also ensure that key input such as fertilisers are locally produced at competitive prices,” he added.

Job outsourcing, absence of level-playing field and non-linkages of local content to other sectors are some of the challenges the ‘7 Big Wins’ should address. In the words of Nwapa, “National Content should remain a priority in the oil and gas industry, at the minimum, to ensure that significant gains made by the NOGICD Act of 2010 are not reversed.”

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Red Star’s 24-year Odyssey Crusoe Osagie reviews the achievements and challenges that have shaped Red Star’s operations in Nigeria The Logistics Industry in any economy lubricates the dynamics of distribution from the point of production to the point of consumption. It is the intermediary from the time the raw materials are sourced to the end production. The firms that make up this industry provide services such as ocean freight, air freight, inland transportation, warehousing, material handling, packaging and removal, inventory, security, courier services and cargo tracking.

The logistics and transportation industry can be quite challenging. By investing in this sector, multinational firms position themselves to better facilitate the flow of goods throughout the world’s largest consumer markets.

In Nigeria, operators in this industry benefit from a highly skilled workforce and relatively low costs and regulatory burdens.

After decades of this industry being dominated by foreign companies and government, Red Star Express Plc was given birth to 24 years ago, by Mazi Sonny Allison, Mr. Patrick Nwosu, Olorogun Eddy Olafeso and with the support of a few other investors, including the long-standing Chairman, Dr. Mohammed Koruna.

They set out with a mission to provide value added logistics solutions that will be secure, prompt and effective.

The Group Managing Director of Red Star Express Plc, Sola Obabori, praised the foresight of those who built the Red Star brand from the scratch confessing that their tenacity brought the company to its present state of growth. “It has been a long journey. As you know, 24 years is also a length of time in the history of the company, we have seen it together. I have been here for seventeen (17) years, which means out of the twenty-four (24) years I have seen ups and downs. It is such a journey that has been rewarding to a very large extent, considering the amount of issues Nigeria has dealt with over the same period. I think the founders of this great company have done a great job, because, naturally, the mortality rate for companies is typically five years. I can mention many companies that came up during the same time Red Star Express was established but struggled to stay alive for only five years before fizzling away.”

Over the years, Red Star Express has provided services that are evolving and marketing a range of technology-driven services designed to meet the diverse needs of customers. They have ensured that their operations reflect a commitment to quality and are profitable at all times through prudent management. Little wonder, the company was awarded as one of the company quoted in the Nigerian Stock Exchange and yet doing well enough to contribute to the success story

Minister Of Communications, Adebayo Shittu of Nigeria, during the Top CEOyear by the BusinessDay Newspapers.

Amazingly Red Star Express, like some other Nigerian Companies, has stayed strong in spite of the various economic melt downs in the country. Speaking at the 2016 AGM of the company, the Chairman, Dr. Mohammed Koguna noted that in spite of the challenges of decline in oil prices, immense pressure on the Naira, volatility and uncertainty in the foreign exchange market, regular flight cancellations, upsurge in the price of food commodities, transportation and general cost of living, the staff and management worked assiduously to ensure that the company posted a satisfactory result with a turnover of N6.6billion in this year, and has maintained its commitment in the creation of wealth for shareholders in appreciation of their support at all times.

The Group CEO, Mr. Sola Obabori, explained that focus is the company’s major driver. “Looking at the present economic challenge, this is not what happened when the company was established.

At that time, it was very turbulent. Therefore, permanent rejuvenation and focus should be core areas that companies must emphasise. If you dabble into various businesses to stay alive, even diversification can kill your business. For us at Red Star, one of the keys that have taken us thus far is focus. Red Star is a much-focused company I met and I have inherited as the

Glo Backs New FG Cashless Initiative, mCash National telecommunications operator, Globacom, has said it would utilise its advanced nationwide network to ensure the success of government’s new payment initiative, mCash.

The low value payment solution was launched recently by the Nigerian Inter-Bank Settlement System (NIBSS) in partnership with banks and telecommunication companies.

Leveraging the networks of telecom operators, the new solution is targeted at extending e-Payment to low income earners as well as Micro, Small and Medium Enterprises (MSMEs) who transact their businesses mainly in cash.

Speaking at the launch of the scheme, Mr. Esaie Diei, Head, Mobile Money Financial Business of Globacom, congratulated NIBSS and other Stakeholders for the unique initiative which he said was a promising solution that would help realise the Cashless policy and financial inclusion Strategy of the Central Bank of Nigeria (CBN).

According to Diei, Globacom had always supported CBN’s initiatives, especially its efforts to reach the unbanked and the masses generally through mobile phone technology.

He stated: “This is why we invested in a dynamic and secured USSD Gateway for Financial services to which mCash is connected. Glo Subscribers are, therefore, assured of a very efficient and robust system on the network.”

Diei disclosed that Globacom was proud to be part of the mCash initiative as it would make payment for goods and services relatively easy and convenient.

He pledged that the company would provide the requisite assistance for the payment scheme to succeed.

Presenting the mCash solution to the public, the Chief Executive Officer of NIBSS, Mr Adebisi Shonubi, said it was intended to extend digital payment to the large segment of the population who deal with

cash on a daily basis. According to him, mCash is the most convenient and cost effective solution to address low value payment nationwide because it leverages the networks of telecom operators which already have nationwide coverage.

He added that unlike the current payment system where settlement takes place 24 hours later, mCash gives instant credit to the sellers/Merchant. The solution is accessible via a Unified USSD Short Code, he explained.

CBN’s Director, Banking and Payment System Department, who was represented by the Principal Manager, Banking and Payment Systems Department of the bank, Mr. Joe Obogo, congratulated NIBSS for addressing a long pending challenge of making digital payment available for everyone.

He said that bringing the banks and the telecom companies to collaborate on the scheme would ensure best service for the payment industry.

CEO to run the affairs. Our focus at this time, despite the challenging business environment, is to build Red Star Express from a Good to Great Company, positively impacting lives and businesses, within and outside the shores of Nigeria.”

With a view to optimising emerging opportunities in the domestic and international business environment, the company changed its management structure. Since 2008, Red Star Express has had a bit of compartmentalisation of the business such that the Red Star Group now has four companies within. This took effect from April 1, 2016, and four (4) Divisional Managing Directors emerged. Obabori assumed the position of the Group Managing Director, while Mr. Charles Ejekam assumed the Divisional Managing Director of Red Star Express, Mr. Ocholi Etu assumed the Divisional Managing Director of Red Star Logistics, Mr. Enoma Ojo assumed the Divisional Managing Director Red Star Support Services, and Mr. Tonye Preghafi assumed the position of the Divisional Managing Director of Red Star Freight. Two Executive Directors, namely Mr. Victor Ukwat, (Sales & Marketing) and Mr. Auwalu Babura (Finance & Admin) were also appointed for the group.

Obabori explained: “The company deliberately unbundled itself in order to ensure entities focus on the area of growth that is considered a core for the business. We created these divisions

in our business to address the needs in our current economy, and we are responding well to the challenges”.

Just as every other company embarks on Corporate Social Responsibilities (CSR), Red Star Express has also been at the forefront. It embarks on series of activities such as Customer Week, ‘I care’ projects, Scholarships for Secondary Schools, amongst others.

The company organises the annual scholarship programme for secondary schools in collaboration with its host community, Oshodi Local Government. From inception in 2004 to date, there has been about 97 beneficiaries of the Red Star Foundation across Nigeria. Nine students from four senior secondary schools in Oshodi-Isolo Local Government are currently benefitting from the annual scholarship to the tune of N50, 000 each per annum for their school uniforms, books and other physical needs till they graduate from senior secondary school. And in order to spice up this year’s scholarship, the company embarked on mentorship programme for students under its scholarship.

According to the Executive Director Sales, Mr. Victor Ukwat, some of its top management staff members were selected as mentors to nine scholars from public schools in the area under the Red StarFoundation Scholarship scheme to provide guidance and counsellorship for the young scholars.

Army Seeks SON’s Expertise on Procurement Activities SON commends Customs, others for synergy at border posts The Nigerian Army Ordnance Corps has sought the expertise and technical capabilities of the Standards Organisation of Nigeria’s (SON’s) on procurement of military items, noting that this move was to ensure that all items procured by the Nigerian Army, meets international quality standards while also conforming to the Nigerian Army’s specifications.

The Director Provisioning, Nigerian Army Ordnance Corps, Brigadier General, Patrick Eze, who led a delegation from its headquarters to SON’s office in Lagos, explained that the Nigerian Army by way of collaboration with the standards body, is to ensure that every military items received into the Nigerian Army inventory are of international standards, maintaining that SON is the

only body with the technical know-how and expertise to achieve this feat. “In line with this objective, we felt that it will be very good for the Nigerian Army Ordnance Corps to collaborate with SON to ensure that all items to be accepted into the inventory of the Nigerian Army meets global standards. We know you have the capacity, expertise, experience and the reach to help us in this regard,” he said. According to him, the partnership is of great importance, pointing out that it has far reaching effects even up to the North Eastern parts of the country where the soldiers at the battle field will be equipped with quality ammunition to protect the country.

He however stated that the Nigerian Army is at the forefront in the patronage of

local industries for sourcing of military items, saying that in sourcing for items locally, the Nigerian Army places emphasis on quality and would not lower its standards, adding that the commitment is also coming on the heels of the federal government’s strong desire to diversify the economy by encouraging local production of items. Director General, SON, Dr. Osita Aboloma, in his response, said as that Nigerian Industrial Standards (NIS) custodians cuts across all aspects of life, saying that quality breeds confidence and safety. “We have been ready for you all the while and all the standards you are looking for can be found in SON. We have all the standards you need that will match our local requirements and international standards,” he said.

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Bauchi Targets 200% Increased Yields through Mechanised Farming Segun Awofadeji in Bauchi A memorandum of understanding between the Bauchi state government and the government of the Czech Republic is being concluded to provide the state with cheaper agricultural equipment in an effort to make agriculture attractive and transform it to an alternative source of revenue and better employer of labour that gives greater yield than the traditional agricultural method.

Governor of Bauchi state Mohammed Abubakar who stated this at the Nnamdi Azikiwe International, Airport, Abuja shortly after returning from the Czech Republic, said the delegation he led to the Czech Republic from Bauchi state was in that country on the invitation of the minister of agriculture and the deputy minister of foreign affairs of the Czech Republic.

According to a press release signed by the Press Secretary

to the governor, Abubakar Al-Sadique, which was made available to THISDAY Weekend, the governor stressed that for agriculture which is one of the major employers of labour in Nigeria to provide the alternative source of revenue the country desperately needs, farming must be “practiced in the scientific way”, where mechanisation will replace traditional methods.

Abubakar lamented that farmers in Bauchi state like other Nigerian farmers rely on traditional farming which consumes lots of human energy and resources but yields far less to the farmers.

“Because we now need to test the soil to determine its suitability for the cultivation of the crops we intend to cultivate to increase our yield per hectre, we must embrace the developments and innovations being brought to agriculture that come with researches in science and technology, which the Czech Republic

so seriously engages in. The yield per hectre for maize, for example, in the Czech Republic is about 40 tones while in Nigeria the highest is unfortunately about 5 tones”, the governor whose delegation was taken round modern farms to see how modern agriculture is practiced in the Czech Republic, he said.

Under the memorandum of understanding, the Czech

Republic is to support the agricultural sector in the state by providing especially small scale farmers with multipurpose mini tractors and other farming implements at low costs that Bauchi farmers can easily afford.

At the inception of his administration, Abubakar visited the Czech Republic and thereafter a trade delegation from that country also visited

Nigeria during which time he had a meeting with the delegation on investment potentials of the state in the areas of agriculture and tourism. It was the result of that meeting which informed the agriculture minister and the deputy minister of foreign affairs’ specific invitation of Bauchi state to see how the Czech Republic can help the state boost its agriculture through

science and technology and use of modern agricultural implements produced in that country.

Because of the interest the authorities in the Czech Republic have in investing in agricultural development of Bauchi state, accommodation and other logistics were provided to Governor Mohammed Abubakar and members of his delegation.

FG: Ebonyi High Producer of Rice Benjamin Nworie in Abakaliki The Minister of Agriculture, Chief Audu Ogbeh has described Ebonyi farmers as the real heroes of President Muhammadu Buhari’s push to diversify the nation’s economy, especially through agriculture in rice production.

The minister also promised that the federal government would rehabilitate the Ettem Amagu Ikwo Dam to encourage dry season rice cultivation in the state. He explained that under Operation 1,037 of the federal government, a minimum of 10 dams per state and the FCT would be built.

Ogbeh, who was in accompanied by the Chairman, Presidential Committee on Rice production, Abubakar Bagudu and Central Bank of Nigeria Governor Godwin Emefiele, commended Umahi for his agricultural policy, particularly in ensuring massive rice production in the state.

The minister called on youths to key into agriculture to diversify the economy and see it as a way out of the present economic recession in the country. He promised to bring agricultural equipment like rice harvesters, threshers, par- boiling drums to Ebonyi State. “Next year, we shall plant for you 1,500 hectares of cashew nuts; five hundred hectares per the three senatorial districts in your state. We shall also build you two factories here for roasting cashew. Next year, we shall plant for you 1,500 hectares of cashew nuts.

“By the middle of last week, I had some machines ready for you (Ebonyi State).

These include threshers and even new par-boiling drums which operate differently from what women are using. When those machines come, youngmen will be thought how to enter a farm and harvest rice for farmers. These young men and farmers will make so much money to the extent that they

will become millionaires in the villages. So wealth is here (in farming)”, Ogbeh said.

He also promised that the federal government would rehabilitate the Ettem Amagu Ikwo Dam to encourage dry season rice cultivation in the state, even as he explained that under Operation 1,037 of the federal government, a minimum of 10 dams per state and the FCT would be built.

The Chairman of the Presidential Committee on Rice production and governor of Kebbi State, Bagudu, said what he saw in rice producing states showed that the country had achieved self sufficiency in rice production and should therefore commence plan for rice export.

“Success recorded in the last one year is phenomenal. What we have seen, in terms of rice output seems to suggest that the goal of self sufficiency which we hitherto thought will be achieved in 2017, might have already been achieved,” he stated. Emefiele, in his remark explained that the apex bank’s Anchor Borrowers Programme would commence next year to boost farming and tackle challenges confronting farmers.

Emefiele also pledged the bank’s readiness to participate in the clearing and re-dredging of the Ettem Amagu Dam. Governor Umahi had while welcoming them in the state, commended President Buhari for reviving agriculture in the country.

He expressed the readiness of the state government to partner the federal government in all season farming. He said, “There are over 30 dams in this state.

They are recharged by very near streams. So we want assistance from the Federal Government in the area of irrigation.

We want assistance in the area of money to the farmers.

We want assistance in the area of biomass plants. The cost of buying diesel and maintenance is too high; we also need harvesters to assist our farmers.”

CONGRATULATIONS

L-R: Head, Publications and Conferences, FirstBank, Oze K.Oze; Marketing Services Manager, FBN Holdings Plc, Tunde Lawanson; 2nd place Winner and student of Sacred Heart College, Apapa, Udeaja Nneoma; 1st place winner and student of Babington Macaulay Junior Seminary, Ikorodu, Abiodun Ifeoluwa; 3rd place winner and student of Good Shepherd Comprehensive High School, Lagos, Gbenjo Olasubomi; and Head, Media and External Relations, FirstBank, Babatunde Lasaki at the prize presentation ceremony of the 16th Nigerian Stock Exchange Essay Competition in Lagos...recently

Researchers Alarmed over Threat to Nigeria’s Cassava Industry

3A Auction House Reels Out Items for First Auction Today

Canvass integrated approach to cassava production

Nosa Alekhuogie

Crusoe Osagie Nigeria’s rising population, particularly in the cities, coupled with low productivity (yield per hectare) of cassava roots is threatening her cassava industry and could impede the gains made in the sector, putting the country at risk of becoming a net importer of staple crops.

Grown by over 4.5 million people in Nigeria, cassava is a major food crop, contributing to food security and income for millions of people but the productivity of the crop in Nigeria is low—12-13 tons per ha. “This low productivity cannot support Nigeria in the next 34 years,” according to Dr Claude Fauquet, Director with the Global Cassava Partnership for the 21st Century (GCP 21) while addressing participants at the just concluded workshop with the theme: “Integrated System for an Effective Cassava Production in Africa,” in IITA, Ibadan last month.

“By 2050, Nigeria’s population will rise to 400 million, meaning that we will have more mouths to eat cassava and cassava products such as gari, fufu etc. With the current cassava productivity of 12-13 tons per hectare, cassava cannot sustain this huge population,” Fauquet explained.

Elsewhere in Asia, cassava productivity has hit more than 20 tons per ha and a nation such as Thailand is today a major exporter of cassava products such as starch.

Fauquet said Africa, and Nigeria in particular, has the land, youth and climate to achieve the same feat such as Thailand.

“The question is: Why is this not happening?” he remarked.

Besides the rising population, Fauquet noted that urbanisation would trigger the migration of more than 50 percent of Nigeria’s population to cities which would leave a labour vacuum in the rural areas – a situation that would further exacerbate the problem of cassava production in the country.

He however said Nigeria could address the challenges by investing in the research for development of cassava along the value chain. Specifically, he said, investments in improved varieties, weed control, best agronomic practices, and mechanization could change the outlook of cassava. “Other areas that need attention include access to credit, markets and cooperatives,” he added.

Fauquet called on the Nigerian government and donors to invest in research and development to put cassava ahead.

Having successfully auctioned its first lot, a private jet, 3A Auction House Limited, the nation’s first general auction house, has released the list of items to be sold at its first general auction exercise on the 29th of November, at the Oriental Hotel, Victoria Island, Lagos.

In a statement released by the company and signed by its Chief Executive Officer, Abimbola Akingboye, the volume of items to be auctioned reflects the fact that Nigerians have come to see them as reference point as far as auctioning and disposal of assets is concerned in the country.

“Like we stated during our official launch and logo unveiling, we want to give Nigerians, both corporate and individual, the opportunity to dispose of any unwanted equipment without stress and we are committed to doing this with best practices by ensuring that both the seller and the buyer get fair deals,” Akingboye is quoted as saying.

According to the company, properties up for bids at the Oriental Hotel, Victoria Island venue of the auction include a duplex and bungalow inside Ogun State Housing Corporation Housing Estate, Abeokuta, Ogun State; two detached Bungalows of three and two bedrooms each inside Ogun

State Housing Corporation Housing Estate, Ilaro Road, Oke Ata, Abeokuta, Ogun State; a residential building comprising of three bedroom and two bedroom setback on at Abimbola Awoluyi Estate, Oko- Oba, Agege, Lagos State as well as residential/commercial parcel of land consisting of a shopping complex situated at Chris Alli Close, off Murtala Mohammed Way, Lokoja, Kogi State.

Some office equipment and heavy furniture to be auctioned include a Wilson 88 Kva Generator, seven Black Hp Desktop Computer Systems; 13 Side Cabinets With chest of drawers; 2kva LG split unit air conditioners; 17 Regular Office Tables; three Executive Desks; one Wall Art Metal Work; 15 Black Regular Office Chairs; three Executive Office Chairs and one Cooker. Other office items for grabs are two Sharp/ Hp Photocopying Machines; 3 Sanyo Shredding Machines; one ten-seater boardroom table and one four-seater roundtable with chairs.

Vehicles to be auctioned include a 2016 Mercedes Benz Model A180; a 2006 Range Rover; a used 2015 Toyota Corolla; a used 2015 Toyota Corolla. Others are a 2009 Mercedes Benz Model C300; 2003 Mercedes Benz Model 300; a 2009 Mercedes Benz Model E350 and 2010 Lexus RX350 Jeep.

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T H I S D AY • TUESDAY, NOVEMBER 29, 2016

PROPERTY & ENVIRONMENT Fine and Country’s Refined Investor Series Unlocks Opportunities in Real Estate Stakeholders in the real estate sector now understand the imperative of applying extraordinary creativity in handling their businesses. ‘Out of the Box’ is an invaluable process of unlocking opportunities in the real estate market during a recession. They all shared hitherto unimaginable treaties made in their operations, at this year’s Refined Investor Series of Fine and Country West Africa, Bennett Oghifo reports

T

he Refined Investor Series with the theme, ‘Out Of The Box: Unlocking Smart Real Estate Opportunities during a Recession’ was an opportunity for every investor in real estate to keep it real.

In fact, the 22nd of November marked a turning point in the Nigerian real estate industry as stakeholders, real estate investors and economic influencers converged at the at the Refined Investor Series to share creative insight and unlock the opportunities that abound in the Nigerian and International real estate market.

This annual conference hosted by Fine and Country had in attendance over 100 participants made up of investors, major real estate developers and companies like Elalan Construction, Lakepoint Nigeria Limited, UPDC, Cruxstone development and Investment Limited, Property Mart Limited, First Bank Private Banking and many more.

Contributions to the conversation were made

by Mr. Atedo Peterside, John Woodruff, Deputy Director, Department for International Trade; British Deputy High Commission, Andrea Geday (Elalan Construction), Hakeem Ogunniran (UPDC) and other professionals in real estate and related industries who emphasized ways whereby developers, investors and value enhancers can creatively seek ‘out-of-the-box’ solutions to current real estate challenges in the current economic climate.

Practical examples and case studies of the opportunities that still abound in real estate investment were highlighted.

Adrea Geday of Elalan construction emphasized the need to involve prospective clients and take their opinions into consideration in every step of the construction process in order to give more value and avoid waste. According to Andrea “Now, people are much choosier, they want value for their money and they know exactly what they want.”

The Managing Director of Alfa Med Facilities, Femi Akintunde also expressed his opinion, saying that “Quality projects and developments are about tenants attraction, retention and separation.

Therefore, it is important to clearly define your target market even before starting the project”.

He also gave practical solutions to the issue of service charge saying one way to save cost is to

L-R: Chief Executive Officer, Fine and Country West Africa, Mrs. Udo Okonjo; Deputy Director, Department for International Trade, British Deputy High Commission, Mr. John Woodruff; Faculty, Lagos Business School, Dr. Henrietta Onwuegbuzie; and Mr. Atedo Peterside, at Refined Investor Series of Fine and Country West Africa in Lagos... recently

invest in technology that promotes predictive maintenance.

Udo Okonjo, CEO Fine and Country, used the Oakwood residences on Cooper road, Ikoyi

as a case study to explain how out-of-the-box strategies adopted led to 75% units sold from August to October 2016. She enumerated these strategies as; early bird pricing, target marketing,

payment plans, creating a strong competitive demand, inspiring and creating confidence in the market. The Refined Investor series is an annual event.

CED Magazine Forum to Address Concrete Roads Fadekemi Ajakaiye

T

he economic benefit, durability and acceptability of concrete roads will be the focus of a forum planned

by CED Magazine in Lagos next month.

The main paper will be delivered

by Engr. (Dr.) Isa Usman Emoabino, a Fellow of the Nigerian Society of Engineers, National Chairman, Nigerian Institution of Highway Engineers (NIHE).

This is the 20th Edition of the Annual Flagship Industry Award Programme, “CED Forum/ Award - 2016” and it will hold on 2nd December, 2016, at Sheraton Hotels Ikeja, Lagos.

Construction and Engineering Digest Forum Award(CEDFA) has over the last 20 years been symbolic of the Growth and development in the Nigerian Construction Industry, having contributed to sector discourse, capacity develop-

ment and local content development through recognition of Professionals and Corporate organizations, including government agencies and public executives who have displayed active dynamism , exhibited exceptional competency, growing capacity and enhanced local content in the various built environment disciplines and allied sectors.

Organiser of the event, Kenneth OdusolaStevenson said, “Over the years CEDFA has been symbolic and represented the growth in the industry having recognized outstanding individuals and companies such as; Chief Alex Ekwueme, Arc. Namadi Sambo, Late Major General Mamman Kontagora (Rtd), Dangote Cement, Lafarge Wapco Cement, Chief (Engr) Femi Kila, Otunba Fatai Osikoya, Arc. Obong Victor Attah, Mr. Fortune Ebie, Late Engr.

Funsho Williams, Prof. Akin Mabogunje, Engr.

Otis T. Anyaeji, Engr. Lanre Sagaya, Zakhem Construction, Interstate Architects, Nahman Construction, OAC Architects, amongst others

of like.

“In line with the vision of the event instituted by the former minister of works, Late Maj. Gen. Mamman Kantugura. The award ceremony will be preceded by the forum and the discussion/ presentation will centre on critical sectors of the nation’s economy; Road construction, Housing and Science and Technology and the theme: “Concrete Road Durability, Acceptability and the Economic Benefit.”

Expected dignitaries at the event which is the most preferred include: Mr. Babatunde Raji Fashola, Minister of Power, Works and Housing as Special Guest of Honour, (Dr.) Ogbonnaya Onu, FNSE, FAEng, Minister of Science and Technology, as Special guest of honour, while Engr. Otis T. Anyaeji, President, Nigerian Society of Engineers (NSE), will be the chairman of the occasion, others includes; Tpl. Anifowoshe Wasiu Abiola, FNITP, Commissioner, Lagos State Ministry of Physical Planning and Urban Development, as guest

of honour.

Nominees have been drawn through a strict criteria focusing on outstanding contributions towards achieving excellence and impactful achievements in the sector. In addition the practice firm are given the opportunity to discuss wider issues – environment, housing and road construction, oil and gas services, science and technology advancement and notable innovations.

The nominees cut across all fields and professions in the Construction, Engineering & Allied Sectors and comprise those who have made remarkable contributions to the Industry, through innovations, developments, ethical practices as well as having made remarkable progress and recorded giant strides in project execution and products manufacturing.

CEDFA is organized by Century 21 Systems Communications Limited, and powered by Construction & Engineering Digest (CED) Magazine.

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T H I S D AY • TUESDAY, NOVEMBER 29, 2016

PROPERTY & ENVIRONMENT

Reps Committee Impressed with Lagos-Ibadan Construction Work Bennett Oghifo The House of Representatives Committee on Works has commended the quality of work being done by the construction companies that are rehabilitating the Lagos-Ibadan road.

The committee members, led by its Chairman, Hon. Toby Okechukwu, traveled the length of the road, stopping at intervals to inspect and find out what type of material and technical expertise were being deployed.

Specifically, they tried to establish the sum of the contract and payments made so far, and to impress on the contractors that it was imperative they kept to the contract structure and timelines, however adjusted.

Hon. Okechukwu gave his committee’s impression, stating that “The Lagos-Ibadan Expressway is a major highway in this country. What we have seen is impressive in terms of construction. There have been some delays not occasioned by the contractor-there is about 3 per cent delay in time on the project but from what we see, they are making progress and the clement weather we have now, it is important that they have to improve on their speed.”

According to him, the

disbursement of fund for the project was satisfactory. “We are satisfied with the disbursement of funds and the contractor is satisfied too. So, we do not see any reason why they should be delay, since out of N70 billion they have gotten about N30 billion and considering the percentage of work done, that is significant.”

There issues of weigh bridges and warehouses raised that the committee said would be dealt with when the ministry brings them up by way of appropriation.

The government believes weigh bridges should be constructed along with warehouses to check the effect of vehicle overload on the roads; excess load would be stored in the bridges’ warehouses until the owners pay their fines.

Okechukwu said presently the construction of weigh bridges and warehouses was not part of the contract for the LagosIbadan road. “We know it is not sufficient to have just weigh bridges, we also need to have warehouses and an enforcement mechanism based on which some of these challenges would be met. It is not something that will require piecemeal approach. It is something we

will advisably discuss with the ministry when it is included in the appropriation.”

On the absence of road furniture- kilometer signs/stones and diversion notices, among others, he said in the past all of these were included in the contract as a complete package, saying “We will ensure that these become part and parcel

of every contract and where there are none, appropriation will be made for them.”

The committee sought to know from the contractors what maintenance mechanisms they had for the roads once construction work was done. “We don’t want a situation where a road designed to last 30 years will run down such that in 10 years’ time

we are already talking about another contract. As a House, we know that the issue of routine maintenance. As we introduce the Road Fund Bill that will ensure internally generated revenue for the road sector.

It is not something that you will have annual appropriation, which is merely interventionist.

Some roads may or may not

appear in the budget, creating pressure points everywhere, but if you have some fund generated internally then you can disburse them dispassionately and that will also take into congnisance the usage of the road.”

The contractors are using synthetic asphalt overlay to protect the road from water percolation.

Umahi Test-runs Trans-Sahara Flyover in Abakaliki The Governor of Ebonyi State, Engr. David Nweze Umahi, has led members of the state Excecutive Council to drive across one of the three flyover bridges on the Transhara Expressway in Abakaliki.

An obviously overjoyed Umahi told a crowd that gathered to witness the historic event that another flyover would be constructed next year at the Nkalagu junction, Nkalagu in Ishielu Local Government Area.

The reason, he said was to end accidents on that section of the ever-busy transhara highway.

He said, “Few days ago, we lost one of our very key supporters at Nkalagu junction and that place has been taking away lives. And so, next year, we will end the life that that place is taking. We will.

“So we have three flyovers waiting for us to start- one at Vanco junction, one at the Water Works junction and then this one that is going to be at Nkalagu junction.”

He explained that apart from saving the lives of Ebonyi residents and travellers, the flyovers were to enhance the aesthetics of the state capital and announce to the world that Ebonyians had arrived. He added a city is judged by its infrastructural development and maintained that his administration’s efforts to transform the state had brought back confidence to Ebonyi people.

A statement by Umahi’s Chief Press Secretary, Emma Anya, on Thursday quoted the governor as saying: “When you come to a town, you evaluate it by its level of infrastructure. We came in the volume of books that are written of us to do the will of

God. One of God’s will is to lift up this state that Ebonyians like they are doing now will beat their chests anywhere and say we are Ebonyi people.”

“Through the special grace of God and hardwork of our Exco members and our government of course, the House of Assembly and the Judiciary, we have been able to restore the confidence, the dignity, the integrity and the honesty of an Ebonyi people.”

The governor noted that the flyovers, when completed, would be the best in Africa.

He extolled the Commissioner for Works, Engr.Fidelis Nweze for being steadfast in actualizing the developmental dreams of the state.

“Let me assure you that after the decoration of these flyovers, you may not see it anywhere in Africa. Honestly, I’m very proud of Engr.

Nweze, the commissioner for Works. I’m very proud of him,” he said.

Earlier, Engr. Nweze had commended the governor for the near completion of the Akanu Ibiam flyover within eight months.

He said that the flyover was open for use to allow compacting of earth fill, pointing out that finishing touches would continue while it remained open for traffic.

“The first phase of the seven span bridge about 110 meters was completed within eight months. It is the first of its kind in Nigeria. We can ride on both sides. Nigerians can now begin to drive on this flyover. They can begin to use it. The essence is that it will help to compact the earth fill and allow us time to do other things. By January, we can begin to lay the stone base and asphalt it.”

L-R: Outgoing President, Nigerian Society of Engineers (NSE), Mr. Otis Anyaeji; former PDP Governorship Candidate in Osun State, Senator Iyiola Omisore and President, Federation of African Engineering Organisations Mr. Mustapha Shehu, during 2016 Congress of NSE and African Engineering week in collaboration with the UNESCO, in Uyo, Akwa Ibom State... recently

FMBN Solicits NCS Assistance on Clearance of Goods at Ports Maryann Abi in Abuja The management of the Federal Mortgage Bank of Nigeria (FMBN) has called on the Nigerian Customs Service (NCS) to assist it in expediting action on clearance of 16 containers of building materials still awaiting clearance at the ports.

The acting Managing Director of the bank, Mr. Richard Esin, in a statement made available to the media, weekend, said the demurrage on the goods has accumulated to N171 million.

Esin said: “About, 16 containers of building materials meant for a housing project of the Bank in Abuja are still at the port awaiting clearance and had accumulated demurrage to the tune of N171 million.”

He solicited the support and cooperation of the Customs Comptroller General, Col. Hammed Ibrahim Ali (rtd), for his understanding to enable the bank take possession of the containers, for its housing project.

This request was made during a courtesy visit by the management of FMBN to the Nigerian Customs Service, as part of on-going efforts to collaborate with other government agencies towards achieving its mandate.

Esin, however, commended

the Nigerian Customs Service for full compliance with NHF remittance and stated that compliance was mandatory for all workers, adding that employers should be encouraged to remit monthly contributions of their employees to the bank in a timely manner.

He encouraged the officers in the Customs Service to take advantage of the existing 95 estates funded by the bank across the country at various stages of completion to become home owners.

According to him, this would, in turn, improve staff productivity in the Service, noting that home ownership was a major tool for fighting corruption, given that it satisfies the fundamental human need for shelter.

The acting Managing Director, said the bank had funded the construction of an estate in Kuje, Abuja for officers of the Nigerian Customs Service, and sought the intervention of the Service to compel the developer to repay the outstanding loan balance, as the Service had fully paid for the houses in favour of its personnel, directly to the developer who failed to remit same to the bank.

In a remark, the Customs boss appreciated the sincere disposition of Esin and the role the bank had played in facilitating home ownership

for officers of the Service.

He promised to expedite action on the clearance of the goods with the intention of forging a stronger relationship

based on mutual collaboration and cooperation of the Nigerian Customs Service with the Federal Mortgage Bank of Nigeria.

Asaba Mall for Commissioning Today All is now set for the official opening, today, of the fully completed, ultra-modern and much awaited Asaba Mall by the Delta State Governor, Okowa.

A statement issued by the centre manager, Mr. Aimhanesi Orbih, said tenants’ response to the fascinating facility has been very impressive with some sections having been over- subscribed.

Asaba Mall is located strategically at the popular Interbau Round about where Summit and Okpanam Roads intersect just by the flyover. The project commenced earlier on 1st June, 2015 with the ground breaking ceremony. The equity owners are Resilient Africa (Pty) Ltd, Delta State Government and Bayol Development Company Limited.

The development covers a gross floor area of approximately 9,500 square meters of which about 7,500 square meters is the lettable space. There are 39 shops of various sizes with the anchor shop taken by Shoprite

spread out over 3,000 square meters.

Asaba Mall has been finished in all facets from the floor to the roof to international standards for which the bespoke commercial brand is well known for globally. The range of facility include central air-conditioning and back up electricity generators and other exclusive, state of the art facilities. Upon commissioning, the mall will be handed over to Broll Nigeria for day to day management.

The chief executive officer of Resilient Africa (Pty) Limited, Mr. Eddie Mc Donald pointed out that the exquisite mall which gulped $45 million was the third in the country under the brand, preceded by Delta Mall in Warri and Owerri Mall in Imo State. He added that some other major cities in the country have been slated for the location of malls under their brand, namely Port Harcourt in Rivers, Benin in Edo, Uyo in Akwa Ibom and Abeokuta in Ogun States, respectively.

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T H I S D AY • TUESDAY, NOVEMBER 29, 2016

PROPERTY NEWS

Rosemary’s Shows Superiority with Local Content Adaptation Fadekemi Ajakaiye An indigenous soft furnishing company, Rosemary’s Limited, has increased the amount of local content in its production process.

This is in line with the recommendation of the Lagos Chamber of Commerce and Industry (LCCI) that entrepreneurs in Nigeria should begin to look inward for their raw materials in order to survive the prevailing economic crisis.

The company made a U-turn from its hitherto production mix when over 65% of its raw materials were sourced from abroad. The company did not only use more of local raw materials in its production, it also extended its frontiers to the Federal Capital Territory from Lagos where it has operated for over 13 years.

The LCCI recently gave a verdict on the strength of Nigeria’s economy with a submission that the past one year was characterized by severe decline; a development that was not good for the small and medium scale enterprises in the country.

The LCCI in a report titled:

“The Economy After One Year of Buhari’s Administration” explained that the woeful outcome of the nation’s economic performance was the result of “the absence of well structured, broad-based and synergized economic blueprint with clearly stated goals, plans, policies and strategies to drive the economy.” The Chamber stressed that the economic policy space remained unclear, adding that the policy conception was faulty, hence, policy coordination and implementation suffered serious setback.

The LCCI stated in the report: “There is, therefore, urgent need for central policy strategy with detailed and well-designed policy direction. This is critical to effective and efficient coordination and implementation of policy. In the report, the City Chamber stated that the official exchange rate of the dollar to the naira, in May 2015, was $1 exchanged for N197.9, while in 2016 a dollar is N199, but in the parallel market, according to the Chamber, a dollar was N219 in May 2015 but depreciated to about N350 in May 2016.

The LCCI then expressed dismay about this worrisome

situation, which it said must be addressed as quickly as possible.

Meanwhile, the DirectorGeneral of the Lagos Chamber of Commerce and Industry, (LCCI), Mr. Muda Yusuf was optimistic that the economic situation would compel Nigerians to look inward for their local products development rather than depend entirely on importation of their raw materials. He made this assertion in his keynote address at the Youthpreneur Business Summit 2016 in Lagos, titled “Passion to Wealth: Road to Economic Diversification.”

In order to convince the audience at the forum, Yusuf said the high rate of the domestic currency, naira, to dollar was enough impediment for any small and medium scale entrepreneur to fold up; as many find it very difficult to

source for sufficient forex to service their production need.

“Nigeria’s current economic situation is not hopeless; it presents opportunities to grow our home-base businesses, entrepreneurship along value chains in various sectors of the economy,” he stated.

He added that while startup might not be a real challenge, the ability to sustain the business remained the main challenge. He further noted that many entrepreneurs failed because they refused to learn about the business before venturing into it.

An indigenous soft furnishing company, Rosemary’s Limited, on Saturday proved the LCCI boss right. At a time when many companies and banks operating in the country are downsizing and closing up, Rosemary’s weathered the storm as it extended its

frontiers with the opening of its Abuja office.

Having captured the Lagos market effectively in the past 13 years of its existence, Mrs. Ezinne Kufre-Ekanem-led company gripped many with surprise when it suddenly announced its expansion plan.

Ezinne Kufre-Ekanem, the company’s Chief Executive Officer; disclosed that the prevailing economic situation spurred her team to increase the amount of local content contained in its production of various products. Unlike before when Rosemary’s used to source over 65% of its raw materials from abroad, Kufre-Ekanem said the company now use more of local content to meet its production requirements.

She disclosed that the her team had exploited available options to look backward in sourcing for equally quality

raw materials that can deliver the kind of high standard that Rosemary’s Limited is renowned for in Nigeria and beyond. “Today, we now look inward. The current situation in the country has taught us to look inward and this has taught us a good lesson. It has taught us to come out with creativity that now stands us out. We now have Kente fashion, Adire Fashion and a host of other local content laced products we produce,” she stated.

On why the company chose Abuja as the next target after Lagos where the company started from, Mrs. Kufre-Ekanem explained that Rosemary’s only responded to the objective reality of the market. She disclosed that the volume of requests coming from the Federal Capital Territory is not comparable to what comes from other cities in the country.

Global Finance Mechanisms must Pay for Africa’s Rising Climate Bill, Adesina tells Marrakech Conference Bennett Oghifo Global finance mechanisms such as the Green Climate Fund and the Global Environmental Facility must support Africa to adapt to climate change and stop the displacement of public spending caused by climate change, African Development Bank Group President, Akinwumi Adesina, told the United Nations climate conference, which ended on November 18.

“Words of comfort are not enough to pay Africa’s rising bills for adapting to climate change,” said Adesina, who was addressing the African Heads of State and dignitaries attending the Africa Action Summit hosted by the King of Morocco on the sidelines of the 22nd Conference of the Parties (COP22) to the UN Framework Convention on Climate Change (UNFCCC) in Marrakech.

The Africa Action Summit brought together 50 Heads of State and Government, UN Secretary-General Ban Ki-moon, as well as representatives of international organizations.

Addressing the Summit, Adesina specifically called on global finance mechanisms to pay for the premiums of African countries to the African Risk Capacity, the mechanism developed by African countries to help them cope with extreme weather events, through insurance for catastrophic events. He observed that “the insurance premiums are not cheap and this has continued to discourage African countries from insuring themselves against the rising catastrophic risks.”

A balanced energy mix for industrialization Adesina stressed the urgency

of the situation to African Leaders. The decline in commodity prices is already taking a toll on several countries, constricting their fiscal space. Economic growth is projected to decline to 1.9 percent in 2016 from 3.6 percent in 2015. “Africa has a very limited scope to adjust to and cope with more exogenous shocks,” he said.

The recent effects of climate change are further worsening the fiscal environment for African countries. Unless urgent action is taken, governments run the risk of diverting more of the resources needed to boost growth to deal with climate risks. Africa receives only 4% of all global finance funds. Only about 14% of global climate finance goes into adaptation.

Looking ahead, Adesina said that Africa must “power up” itself to “add value to what it produces, speed up industrialization and move to the top of global value chains.”

He observed that this must start with unlocking the huge amounts of energy potential on the continent. “Potential is important, yes, but potential alone cannot light up homes or power industries,” he told the Opening Panel of Africa Day. “We must ensure that Africa develops a balanced energy mix that will allow it to industrialize. Grid, mini-grid and off-grid systems will play a major role,” Adesina reiterated.

The event was attended by several African leaders, including Alpha Condé, President of Guinea and African Union Coordinator for Renewable Energy; Faure Gnassingbé, President of Togo; Ellen Johnson Sirleaf, President of Liberia; and Seretse Khama Ian Khama, President of Botswana.

President of Niger, Mahamadou Issoufou; President of Comoros, Azali Assoumani; President, African Development Bank Group, Akinwumi Adesina; and President of Guinea, Alpha Condé at COP22 climate change conference in Marrakech, Morocco... recently

Africa Day at COP22: African Leaders Demonstrate Commitment, Action to Address Climate Change African Heads of State and Government marked Africa Day in the Africa Pavilion at the UNFCCC 22nd Conference of Parties (COP22) on 16th November with focused and strategic discussion on the ratification and roll out of the implementation of the Paris Agreement and the key continental initiatives to support member states’ efforts.

President Alpha Condé of the Republic of Guinea presided over the High Level gathering also attended by the Presidents of Botswana, Ian Khama; Liberia, Ellen Johnson Sirleaf; Togo and Faure Gnassingbé, Ministers from the continent, heads of Pan African Institutions; the African Union Commission, the African Development Bank, the Economic Commission for Africa, NEPAD Planning and Coordinating Agency and; development partners.

The Africa Day event had the theme of “Moving from Commitment to Action with Nationally Determined Contributions (NDCs)”.

As Climate Change is one

of the greatest challenges facing the world, with Africa already experiencing some of the most severe impacts, the continent’s leaders have proactively responded with the establishment of the Committee of Africa Heads of State and Government on Climate Change (CAHOSCC) and the African Group of Negotiators (AGN) on Climate that have thus far, tremendously influenced global negotiations.

Presence of heads of state at COP22 and the Africa Day event further demonstrated the importance placed on securing the continent’s interests within the global climate governance mechanism and in defining the roadmap to reduce the global temperature rise to ‘well below’ 2oC goal, considered by the Intergovernmental Panel on Climate Change (IPCC) as the threshold for averting dangerous changes to the climate system.

COP21 in Paris in November 2015 delivered the landmark Paris Agreement in which the Intended NDCs emerged as the game changer and primary

mechanism for reducing global temperature rise. To date 46 African countries have signed the Paris Agreement and 27 out of 103 countries have ratified the Agreement that entered into force on 4th November, 2016.

Africa has seized the opportunity of COP22, dubbed “the COP of Action”, to demonstrate leadership in the implementation of the Paris Agreement, through the NDCs and in ensuring that the means of implementation, namely finance, capacity building, technology development and transfer – the cornerstones of implementation – are provided.

Beyond COP22 a critical issue is the alignment of NDCs with existing national development priorities and initiatives. Implementation will be enhanced and supported by pan- African initiatives and programmes operating through a range of partnerships, two of which are: the African Adaptation Initiative (AAI) and; the African Renewable Energy Initiative (AREI). The latter, supported by the governments of France and Germany,

seeks to achieve at least 300 gigawatts of renewable energy capacity by 2020.

Emphasising the importance of energy access, President Condé noted that out of 1 billion Africans 700 million have no access to energy.

“Since 2002, we have fought to ensure that production is accelerated and increased,’’ further expressing satisfaction at the funding for AREI as an indicator that Europe is taking steps to deliver on commitments for implementation.

President Condé said that Africa needs to develop on the basis of an energy mix : “we also need to develop fast, and the faster Africa has access to energy the faster Africa will develop”, he said.

AfDB President, Akinwumi Adesina said energy is the engine of Africa’s growth and development and reinforced the need for an energy mix of on and off-grid systems.

“Let’s turn pledges on paper into projects on the ground. Let us together deliver success for Africa. Let us together light up and power Africa!” he urged.

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T H I S D AY • TUESDAY, NOVEMBER 29, 2016

PROPERTY NEWS

Ocean Climate Action Making Waves Bennett Oghifo A special Oceans Action Event at the UN Climate Change Conference in Marrakech (COP22) is bringing together over 400 high-level participants from around the world to advance oceans and climate change issues and to pledge concrete actions in support of the objectives of Sustainable Development Goal number 14, which is to conserve and sustainably use the oceans, seas and marine resources.

The global ocean is fundamental to sustaining life on Earth. It is a major carbon sink; it absorbs heat, and produces half the oxygen we breathe.

It sustains the lives and livelihoods of the coastal and island communities who call it home, and who rely on its bounty to meet their nutritional needs.

The important role our oceans play was recognized at the 43rd Session of the UN’s Intergovernmental Panel on Climate Change (IPCC) in Nairobi, Kenya earlier this year, which decided to prepare a special, scientific report on climate change and the oceans.

But while oceans are key to mitigating climate change, a warming planet also places them, and the services they provide, at great risk. Climate variability and change, habitat degradation and ocean acidification all pose additional risks to the conservation and sustainable

use of our oceans, and to the well-being of dependent coastal and island communities.

Ocean Climate Action announcements were made in Marrakech. At a recent event, the Food and Agriculture Organization (FAO) of the United Nations, the World Bank and the African Development Bank has announced the African Package for Climate-Resilient Ocean Economies.

This ambitious package of technical and financial assistance will support ocean economies in Africa, and build greater resilience of coastal areas to climate change, tailoring approaches based on the countries’ specific priorities and objectives.

The initiative will mobilize 500-900 million USD and implement programs linked to climate change adaptation and mitigation over the period 2017-2020.

The Kingdom of Morocco has announced its Blue Belt Initiative aimed at building the resilience of coastal communities and promoting sustainable fisheries and aquaculture in keeping with SDG14 expectations. Focus areas will include integrated coastal monitoring systems, sustainable fisheries and aquaculture throughout the entire value chain. Solutions for adaptation and contributions to curbing greenhouse gas are proposed as part of a priority roadmap for implementation.

The initiative is supported by

Lagos is not Privatising Water Corporation, Says Adejare The Lagos State Government has said it is not planning to privatise its Water Corporation, contrary to speculation that it is partnering with a financial institution to sell the corporation. The Commissioner for the Environment, Dr. Babatunde Adejare disclosed this at the October 2016 Monthly Press Briefing of the Ministry of the Environment, organized to provide adequate information on the state of the environment.

Adejare stated that rather than privatizing, the state government would be partnering with the private sector to build water works under a Public Private Partnership arrangement in which the private sector partner would build and charge reasonable amount. He said that this move became necessary as the cost of building single water works had skyrocketed due to the exchange rate volatility, whereas government has limited resources with competing needs across sectors.

“We cannot afford to stick to the status-quo as we are battling with vector-borne diseases and we need to sort out the issue of appropriate pricing. Currently Water Corporation charges 5k per liter against N100 per liter charged by the local water vendor”, he said.

While re-stating the policy of Lagos State Government on cleaner and sustainable environment, the Commissioner said government was committed to the removal of all environmental infractions and would not relent in bringing about a sustainable environment as well as a livable state to enhance aesthetically

beautiful state.

According to him, “…our government has pursued with vigour, its policy on cleaner and sustainable environment through dogged application of its all-year round de-flooding Programme, unwavering commitment to the removal of all environmental infractions and nuisances across the state and steady pursuit of aesthetically appealing state.”

Adejare said that Lagos State Government was committed to achieving well-organised markets where sellers, goods and services will be sectorised.

According to him, “this will eliminate the belief and tendency that it is when goods are sold on the streets and on setbacks that selling can be achieved” The Commissioner reaffirmed the policy of zero tolerance on street trading and hawking in the state, warning violators of the state’s environmental laws to desist or incur the wrath of the law.

He stated that no one was permitted to convert the roads, medians, set-backs and walkways into markets, warning that the activities of street traders and hawkers were degrading the environment.

Adejare maintained that water supply in the state was being given a new lease of life as most of the water works such as Ishasi, Adiyan and Iju Waterworks now produce and supply uninterrupted water to Lagosians upon the repairs of equipment and restoration of Power supply, saying government is finding a lasting solution to billing problems as well.

an investment plan and capacity building program of 60 million USD over the period 2017-2020, building on the Blue Growth initiative launched at COP 21 in Paris. COP22 Ocean Action partners released the Strategic Action Roadmap on Oceans and Climate: 2016 to 2021, which provides a vision for action regarding oceans and climate in the next five years, addressing six ocean and climate issue areas: the central role of oceans in regulating climate, mitigation, adaptation, displacement, financing, and capacity development.

“These ambitious programmes aimed at strengthening the resilience of African coastal communities are critical to meeting the challenges and opportunities of climate change

- especially for vulnerable Small Island Development States,” according to Maria Helena Semedo, FAO’s Deputy DirectorGeneral for Natural Resources.

“African coastal communities are some of the most affected by climate change. FAO is fully engaged and ready to be at the heart of these significant developments to work alongside countries and communities to reduce their vulnerabilities, build their resilience, and maximize opportunities emerging from climate change.”

“The World Bank is pleased to be a part of the international mobilization of financing in response to the Mauritius Communiqué. The package presented today could make a significant contribution to meeting the adaptation needs

of African countries as they develop their ocean economies.

We plan to ramp up our own concessional financing in this area and look forward to working with our partners to increase the effectiveness of overall development assistance” said Laura Tuck, World Bank Group Vice President for Sustainable Development.

Dr. Biliana Cicin-Sain, Global Ocean Forum, noted that “the Global Strategic Action Initiative on Oceans and Climate (involving Parties, IGOs, NGOs, academic institutions, private sector groups, and local authorities from all world regions) will implement actions identified in the Roadmap to safeguard the health of the oceans and the wellbeing of coastal and island populations, reporting on

progress at the yearly COPs.” The full day of discussions addressed numerous challenges faced by oceans under climate change scenarios. Sessions addressed challenges to food security and resilience, adaptation challenges and solutions, country mitigation efforts, access to finance and capacity building, and science solutions to moving forward to achieve SDG 14.

About Global Climate Action: France and Morocco’s global climate champions have set out their detailed agenda to boost cooperative action between governments, cities, business, investors and citizens to cut emissions rapidly and help vulnerable nations adapt to climate impacts and build their own clean energy, sustainable futures.

Caption: L-R; Managing Director, QMB Builders Mart Ltd. Mrs. Adetoro Biobaku; Product Manager, Fotile Group Overseas Division, Kina Yang; Chairman/CEO, QMB Builders Mart Ltd. Mr. Ayobami Biobaku; Sales representative, Fotile Group Overseas Division, Sylvia Chang; and the Company’s Director, Mr. Tiger Sun, at the maiden free continuous professional training for professionals in the nation’s building industry by QMB Builders’ Mart in Lagos... recently

Umahi Inaugurates Committees on SDG Projects, Abakaliki Ring Road The Governor of Ebonyi State, Chief David Umahi has inaugurated Ebonyi State Implementation Committee on Sustainable Development Goals projects and the Steering Committee for the proposed 198-kilometre ring road in the state.

Addressing members of the two committees at the Government House, Abakaliki, Umahi directed them to work assiduously to ensure that the rural electrification projects embarked upon by his administration in six local government areas is ready for inauguration on 15th November.

He also ordered that those of the remaining seven LGAs be ready for inauguration on 30th November, 2016.

The governor said, “Through the SDG, we have embarked on the implementation of a number of projects in six Local Government Areas but very significant among them is the rural electrification project, especially street light. I am directing that that job must be inaugurated by 15th of November. So you have to write it down and the other job for the remaining seven LGAs must be ready by 30th of November.”

He advised the LG caretaker

chairmen to do everything within their powers to ensure that the projects sited in their areas were protected.

Umahi also expressed happiness over the cleanliness of Abakaliki, the state capital, saying the city would be made more beautiful during Christmas.

“Since, the Secretary to the State Government doubles as the Commissioner for Environment now, he has to start looking at the possibility of decorating the city ahead of Christmas.

I must express my pride in the SSG over what they are doing in the town and I think everybody must see a very clear difference over the sanitation of the capital city,” the governor added.

He disclosed that the African Development Bank had indicated interest to fund the Abakaliki Ring Road project and directed the SSG and the Commissioner for Solid Mineral, Sylvanus Nwakwaegu, to prepare to defend ‘’our position in the mining programme coming up between 24th and 29th of this month.’’

While Engr. Umahi said the mining committee should be led by the SSG, he stated that the steering committee would be led by Commissioner for

‘Rise in Rental Defaults: As Disposable Income Depletes’ A high rate of rental defaults has been recorded in recent times, operators in the real estate sector have said.

The said this would not be unconnected with inflation rate now at about 13 per cent and the overall hike in fuel price and its attendant high cost of goods and loss of jobs including disposable income.

The Nigerian Institution of Estate Surveyors & Valuers (NIESV), Lagos branch have also decried the state of the economy and what they called geometric progression in expenditure by the citenzry compared to their take home resulting in several cases of rental defaults and litigation.

In a media chat to mark the institutions week in Lagos, the Vice Chairman, NIESV Lagos Branch, Mr. Orimalade Olurogba said 80 per cent of all properties under his care had defaulting tenants who were previously meeting their obligations. He noted that some sectors, including oil and gas that were hitherto known to offer job security had been the worst hit lately. He said: “What is most worrisome about it is that the sectors, which were termed to be secure, such as the oil and gas industry, are now the jobs that are most insecure.

A lot of people are being retrenched; the high end or

the upper middle class people working in oil companies and who live Victoria Garden City and Lekki Phase 1 and other areas whose rentals are up to N4million and above are struggling. Some are even moving to cheaper accommodation. The ‘ideal and choice tenants’ that most landlords look forward to occupying their properties are currently defaulting because of the uncertainties in the economy”. He noted that the state of the economy is affecting their legitimate streams of income and urged for urgent action by the government.

On quackery, Olurogba revealed that the institution has established a body to regulate the practice of agency by training middle cadre professionals on the rudiments of the profession and ethics to bring them up to speed to maintain professionalism. He said they took that line of action to protect the practice of the profession and the public from being duped. Also a past Secretary of the institution, Dotun Bamigbola, collaborating Olurogba position said the institution has imputed standardisation in her practice by training the middle cadre professionals under the umbrella body of Association of Estate Agents of Nigeria in title documentation, agency transaction amongst others.

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TUESDAY NOVEMBER 29, 2016 T H I S D AY

T H I S D AY TUESDAY NOVEMBER 29, 2016

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TUESDAY NOVEMBER 29, 2016 T H I S D AY

TUESDAY NOVEMBER 29, 2016 • T H I S D AY

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INTERNATIONAL Trump Claims Millions of PeopleVoted Illegally

email:foreigndesk@thisdaylive.com

President-elect Donald Trump has alleged that “millions of people” voted illegally for Hillary Clinton, saying otherwise he would have won the popular vote. Trump won the Electoral College and thus the White House, but the Democratic nominee leads him in the popular vote by about two million ballots.

“In addition to winning the Electoral College in a landslide, I won the popular vote if you deduct the millions of people who voted illegally,” Trump tweeted. “It would have been much easier for me to win the so-called popular

vote than the Electoral College in that I would only campaign in 3 or 4- states instead of the 15 states that I visited. I would have won even more easily and convincingly (but smaller states are forgotten)!” he added.

Trump could be referencing a series of fake stories on conspiracy websites that said he actually beat Clinton in the popular vote count.

Trump’s transition team did not return requests for comment Sunday afternoon.

He later added: “Serious voter fraud in Virginia, New Hampshire

Philippine Police Detonate Suspicious Package near US Embassy Philippine police yesterday detonated a suspicious package they thought could have been a home-made bomb found in a trash bin near the U.S. embassy in Manila, the police chief in the capital said.

There was no damage from the controlled detonation, Senior Superintendent Joel Coronel said, although the incident created a traffic jam in the area. Business at the embassy continued as normal, with dozens of Filipinos queuing outside for visa applications. There was no immediate comment about the incident from embassy officials.

Coronel said police received a call before 7 a.m. local time (2300 GMT Sunday) from a street sweeper who found an old mobile phone with black and red electrical wires connected

to a package. It was thought the package could have been a bomb.

“There is no danger, there is no cause for alarm,” Coronel told reporters. He said there were no explosives, such as gunpowder, in the package. “The blast you heard was caused by ... a controlled detonation. We are trying to identify who left the package at the trash bin,” he said.

However, a police intelligence official, who asked not to be identified because he was not authorized to speak to the media, said the mobile phone was connected to an 81 mm mortar shell. “We are still making further investigations to check if the ordnance is live,” the intelligence official told Reuters.

and California - so why isn’t the media reporting on this? Serious bias - big problem!”

Trump has been railing over the weekend against a recount effort led by the Green Party, that he has dubbed a “scam.”

Green Party officials filed for a recount in Wisconsin on Friday after reports of possible voting discrepancies in areas that used

by Cuban exiles in the United States, and the government says its members are mercenaries doing the bidding of the U.S. government.

Still, their movement has been the rare expression of dissent to be largely tolerated by the Communist government, although police have clamped down over the past several months, stopping protesters in their homes and preventing the demonstrations from taking place.

The difference this week is that dissidents themselves have opted against even trying, three opposition leaders said.

The cause of Castro’s death was not made public but he had been in poor health since he nearly died of an intestinal illness in 2006. He formally ceded power to his younger brother, Raul, in 2008 after ruling for nearly half a century.

Admirers of Fidel Castro and his legacy point to social achievements since his 1959 revolution such as free healthcare and education, but critics have long condemned a lack of political freedom on the island.

“You can´t talk about politics here. There are no public protests because measures are taken, people don´t want to fall

whether our electoral democracy is working,” Martin said.

Both the Clinton campaign and the White House have said they see no evidence that any voting systems were hacked, although the Clinton campaign said Saturday it will take part in the recounts, joining with Stein, to ensure the recount is “fair to all sides.”

Earlier Sunday, Trump launched one of his trademark tweetstorms, reiterating his previous criticism of the recount effort, taking aim at Clinton. “Hillary Clinton conceded the election when she called me just prior to the victory speech and after the results were in. Nothing will change,” he tweeted.

Zuma Faces No-confidence Vote by Top ANC Committee South Africa’s scandal-plagued President, Jacob Zuma, faces a no confidence vote by the ANC’s National Executive Committee (NEC), with at least three of his cabinet ministers turning against him, local media reported.

The NEC, which can remove Zuma from office, extended a scheduled weekend meeting into a third day on Monday after Tourism Minister Derek Hanekom proposed the noconfidence motion on Saturday, the Afrikaans-language daily Beeld said.

Two more cabinet members - Health Minister Aaron Motsoaledi and Public Works Minister Thulas Nxesi - have since joined Hanekom in asking Zuma to step down, News24 reported. NEC members were locked in a “fiery and fierce” debate over whether a secret ballot should be used, Beeld reported, citing unnamed sources who had attended the meeting.

One senior ANC official, who asked to remain anonymous,

Dissidents Hold Back as Castro’s Death Casts a Pall over Cuba Cuba’s most prominent dissident group called off its weekly protest march for the first time in 13 years following the death of Fidel Castro, the revolutionary leader whose passing has cast a pall over the island.

Castro, an icon of the Cold War who built a communist state on the doorstep of the United States and defied half a century of U.S. efforts to topple him, died late on Friday at the age of 90.

The Cuban government has declared a nine-day period of mourning and suspended alcohol sales and even baseball games.

The Ladies in White dissident group decided to avoid creating tensions this week.

“We’re not going to march today so that the government does not take it as a provocation and so that they can pay their tributes,” the group’s leader, Berta Soler, said on Sunday.

“We respect the mourning of others and will not celebrate the death of any human being.”

The group, originally formed in support of husbands jailed for political opposition, has called protest marches in Havana following Mass at a Roman Catholic Church each Sunday for the past 13 years. The group is funded

paper ballots versus those where electronic voting took place.

Wisconsin Green Party cochairman George Martin said the party is seeking a “reconciliation of paper records” -- a request that could go further than a simple recount, possibly spurring an investigation into the integrity of Wisconsin’s voting system. “This is a process, a first step to examine

prisoner,” said Roberto, 53, as he shopped in downtown Havana.

He declined to give his surname for fear of reprisals.

The streets of Havana have been calm since Castro’s death, with people expressing national pride by hanging more Cuban flags than normal. Lysset Perez, a 44-year-old peanut vendor, dressed in the national colors with a single-starred, blue, red and white flag on her head on Sunday.

“It’s calm but a little dark because Cuba is music and for nine days of mourning there will be no music,” Perez said. “There is calm and sadness. If it weren’t for Fidel and the revolution, the people wouldn’t be as they are: educated and cultured.”

State television broadcast non-stop tributes to Castro’s accomplishments, as well as excerpts of his speeches, and announced plans to fire gun salutes in his honor.

Castro was cremated on Saturday and the ashes will be carried in a caravan next week to a final resting place in Santiago de Cuba, the city in eastern Cuba where he first launched his revolution in the 1950s. His funeral will take place on Dec. 4.

said Zuma would probably manage to survive the latest attempt to dislodge him by the growing number of ANC figures unhappy with his leadership.

“Even if there’s secret ballot, he’s still likely to get the numbers,” the official told Reuters. An ANC spokesman did not respond to telephone calls seeking comment.

In a statement on Sunday, the ANC did not give a reason for the extension of the meeting.

Analysts said Hanekom’s motion was even less likely to

succeed if Zuma’s allies managed to secure an open vote, one of the main ways he has controlled the party during his seven years in charge. “Without a secret ballot, the Hanekom motion is doomed – the regrouped pro-Zuma faction will whip its superior numbers in the NEC into an effective wall against the motion,” NKC African Economics said in a note.

The NEC, which is meeting in the capital, Pretoria, is the only body in the ruling party

that can remove the leader of the party, besides its five-yearly congress. Zuma himself is one of the committee’s 104 members, most of which were elected alongside the president in 2012.

Zuma’s presidency has been plagued by scandal and the nation’s anti-graft watchdog this month asked for a judge to investigate alleged influence-peddling by a wealthy family Zuma has called his friends. Zuma has denied any wrongdoing.

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T H I S D AY •TUESDAY, NOVEMBER 29, 2016

BUSINESS/MONEYGUIDE

Fitch: Nigerian Oil Sector Suffering from Security, Regulation, Weak Infrastructure Obinna Chima Global rating agency, Fitch Ratings has said that the Nigerian oil and gas sector continues to suffer from security issues and weak oil prices that drag down the ratings of indigenous companies in the sector.

The agency stated this in a new presentation released yesterday.

It noted that significant oil oversupply and increase in oil inventories contributed to the collapse in the global oil prices since the second half of 2014, pointing out that the 14-member OPEC, of which Nigeria is a member, was partially responsible for the supply glut. Global oil supply reached nearly 98 million barrels of oil per day (mmbopd) in October 2016, up 0.8mmbopd on September 2016, due to a record OPEC output of 33.8mmbopd, according to the International Energy Agency. Oil & gas companies responded by cutting upstream capex, which was expected to drop by over 40 per cent in 2016 on 2014. Companies are adapting to the USD50/bbl

environment by improving efficiencies of existing operations and developing new resources in regions where infrastructure already exists.

According to Fitch Rating, the breakeven prices for some new projects have been cut dramatically on cost optimisation.

Crude inventories could continue going up in 2017 unless OPEC agrees to cap production at its Vienna meeting at the end of November 2016.

Although OPEC had preliminarily agreed to cut production to 32.5mmbopd-33mmbopd, tensions between Saudi Arabia and Iran threaten to derail the alliance, sending prices down.

“Nigeria remains Africa’s largest oil producer, but its production has dropped by 25 per cent in 2016 due to security issues and the closure of a number of export pipelines. Nigeria has a healthy proved reserve life of 43 years, but its future oil production will be driven by the resolution of security issues and infrastructure constrains.

“We view positively Nigeria’s recent ‘Seven Big Wins’

programme, which covers sector regulation, upstream and downstream projects, security, as well as transparency and corporate governance. The list of proposals includes disclosing fiscal rules and contract terms, promoting energy affordability and constructing another Nigeria LNG train. “Another welcome sign is Nigeria’s reported $5billion settlement with western oil majors to cover their exploration and production costs since 2010.

On the other hand, the longoverdue Petroleum Industry Bill, a cornerstone of President Buhari’s oil sector reform, is still far from final, and the recent rebel activity in the Niger Delta region is only delaying the bill’s passing.

“Proposed de-consolidation and partial privation of the Nigerian National Petroleum Company would likely promote investment and hence benefit the country’s oil sector. We also remain sceptical that the multi-billion crude-for-loans prepayment deals with India and China will achieve the announced targets.

Private Sector Investments in Fertiliser Peak at $4.5bn James Emejo in Abuja Total private sector investments in the fertiliser sub sector of the Nigerian economy currently stood at about $4.5 billion, THISDAY has learnt.

Among others, Notore, Indorama and Dangote are leading investors in this area, notwithstanding the fall in oil prices, declining foreign exchange reserves and the constrained availability of forex in recent times.

President/Chief Executive, African Fertiliser and Agribusiness Partnerships (AFAP), Mr. Jason Scarpone said the respective investments of the trio represented the largest commitments in the country’s agriculture sector.

Speaking in Abuja at the Nigeria Fertiliser Roadmap Stake Consultation themed: “Nigeria’s Fertiliser Value Chain Impediments to Growth”, he

noted that AFAP, backed by funding from the Bill and Melinda Gates Foundation had commissioned a study to identify the impediments to the development of the fertiliser market with a view to mapping out strategies to address the issues.

He said the meeting will strive to recommend possible solutions that would make fertiliser more accessible to farmers as well as their efficient utilisation for productive purposes among others. But deliberations had also focused on how government could completely hands-off the fertiliser business to allow the private sector better develop the sector. Fertiliser administration in the country had been marred by recurring instances of corruption which had made access difficult for farmers even though government had increased subsidy to the sector over time. The country’s fertiliser sector had been dominated by

federal government spending over the decades, accounting for 46 percent of total federal government budget in 1996.

Nevertheless, fertiliser utilisation remained inadequate and significantly lower than in Kenya, according to Scarpone.

He noted that investments in the agricultural sector remained a beacon of hope for transformation of millions in rural communities and in stimulating the broader economic growth in the country.

He said: “With over 84 million hectares of arable land, 230 billion cubic meters of water, abundant and reliable rainfall in over two-thirds of its territory and a population of 184 million people (making it Africa’s largest market), Nigeria’s huge agricultural potential is a sure promise for an economic transformation aiming at reducing importation of food, dependence on oil revenues and increasing job creation.”

Oil rig platform

MARKET INDICATORS MONEY AND CREDIT STATISTICS Broad Money (M2)

21,684,965.22

-- Narrow Money (M1)

9,125,933.16

---- Currency Outside Banks

1,379,187.93

---- Demand Deposits

7,746,745.22

-- Quasi Money

12,559,032.07

Net Foreign Assets (NFA)

7,105,663.47

Net Domestic Assets(NDA)

14,579,301.76

-- Net Domestic Credit (NDC)

24,318,143.03

---- Credit to Government (Net)

2,893,190.01

---- Memo: Credit to Govt. (Net) less FMA

2,893,190.01

---- Memo: Fed. and Mirror Accounts (FMA)

-2,111,487.25

---- Credit to Private Sector (CPS)

21,424,953.01

--Other Assets Net

-9,738,841.27

Reserve Money (Base Money)

5,370,199.87

--Currency in Circulation

1,684,725.89

--Banks Reserves

3,685,473.98

Worried by the inconsistencies that have been evident in some cases concerning debt recoveries in the country, the President Court of Appeal, Hon. Justice Zainab Bulkachuwa has said that the judiciary has all it takes to help the present administration turn the economy with proper understanding of the concept and operations of the Asset Management Corporation of Nigeria (AMCON).

Bulkachuwa made the declaration during a one-day conference at the Ceremonial Hall of the Appeal Court in Abuja at the weekend. The conference was themed: “Effective, Efficient and Expedient Discharge of Institutional Mandate.”

The one-day conference, according to a statement, was attended by Justices from the different divisions of the court from across the country, the management of AMCON, representatives of

key government agencies and other stakeholders.

Welcoming participants and justices from the different divisions across the country to the conference, Bulkachuwa called on legal practitioners to familiarise themselves with the AMCON Act especially since some legal issues bothering on the competing rights of debtor companies or individuals, their creditors and other shareholders amongst others may be submitted to the courts for interpretation and adjudication given the peculiar assignment of AMCON.According to her, “This directive will ensure that we are all conversant with the AMCON regime thus engendering uniformity and stability in the judicial implementation of the AMCON framework based on well-educated decisions.

Therefore, it is essential to gain a proper understanding of the concept and operations

of AMCON and the instrument establishing it. Hence, the imperative of constant discourse to ensure that the courts not only act but also have knowledge and resources to act cannot be over-emphasised.”

In his reaction, the Managing Director/CEO AMCON, Ahmed Kuru, told the gathering that the refusal and arrogance of top AMCON obligors had become a source of concern, which now makes it compelling for AMCON to perpetually depend on the judiciary for meaningful recoveries.

He reiterated that AMCON was dealing with obligors that have the financial muscle to engage AMCON from court to court in their plot to buy time because AMCON has sunset clause and evade repayment, which sabotages the effort of the federal government to pull the Nigerian economy out of her present position.

• Source - CBN

MANAGED FUNDS Initial Price (N) Stanbic Balanced Fund

AMCON Parleys Judiciary

(MILLION NAIRA)

JUNE 2016

Buying Price(N)

Selling Price

1,660.29

1,685.29

Stanbic IBTC NEF

1,000.00

11,002.32

11,326.67.11

Stanbic SIBond

20

120.47

120.47

Stanbic IBTC Ethical

1

1.10

1.13

Stanbic IBTC GIF

142.90

143.38

UBA Balanced Fund

1.2563

1.2493

UBA Bond Fund

1.3443

1.3443

UBA Equity Fund

0.8205

0.8074

UBA Money Market Fund

1.1510

1.1510

ARM Aggressive Growth Fund

N13.0544

N13.4480

ARM Discovery Fund

N288.2515

N296.9425

ARM Ethical Fund

N22.5268

N23.2060

ARM Money Market Fund

13.1030 (Yield % ) • Monetary Policy Rate - 14%

OPEC DAILY BASKET PRICE AS AT FRIDAY 25, 18 NOVEMBER 2016 The price of OPEC basket of fourteen crudes stood at $44.88 a barrel on Friday, compared with $45.22 the previous day, according to OPEC Secretariat calculations.

The new OPEC Reference Basket of Crudes (ORB) is made up of the following: Saharan Blend (Algeria), Girassol (Angola), Oriente (Ecuador), Rabi Light (Gabon), Minas (Indonesia), Iran Heavy (Islamic Republic of Iran), Basra Light (Iraq), Kuwait Export (Kuwait), Es Sider (Libya), Bonny Light (Nigeria), Qatar Marine (Qatar), Arab Light (Saudi Arabia), Murban (UAE) and Merey (Venezuela).

SOURCE: OPEC headquarters, Vienna

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T H I S D AY • TUESDAY NOVEMBER 29, 2016

Nigeria’s top 50 stocks based on market fundamentals

28-Nov-16

25-Nov-16

% Change

Capitalisation

EPS

P/E

P/S

Div. Yld

Price/ Book Value

01 Dangote Cement Plc

159.99

159.99

0.00%

2,726,310,779,725.95

9.20

17.38

4.80

5.00%

3.64

02 Nigerian Breweries Plc

141.01

141.01

0.00%

1,118,082,516,216.88

4.03

34.95

3.71

2.55%

6.82

03 Guaranty Trust Bank Plc

21.89

21.51

1.77%

644,248,513,213.36

4.90

4.47

1.60

8.09%

1.31

810.00

810.00

0.00%

642,051,564,120.00

8.81

91.92

3.72

3.58%

20.34

05 Zenith Bank Plc

13.50

13.80

-2.17%

423,852,666,111.00

3.91

3.46

0.89

13.33%

0.61

06 Lafarge Africa Plc

42.70

42.70

0.00%

194,494,307,287.00

-9.39

-4.55

0.91

7.03%

0.96

342.95

342.95

0.00%

189,757,771,843.35

-44.58

-7.69

2.44

4.64%

0.48

48.00

48.00

0.00%

181,598,220,000.00

0.69

69.35

2.74

0.10%

19.36

9.80

9.50

3.16%

179,825,601,907.00

0.68

14.49

0.31

6.33%

0.29

44.07

44.07

0.00%

174,978,923,373.15

0.03 1,507.19

2.45

2.95%

4.18

11 Access Bank Plc

5.54

5.68

-2.46%

160,260,962,835.74

2.59

2.14

0.45

9.93%

0.36

12 United Bank for Africa Plc

4.32

4.30

0.47%

156,727,553,711.04

1.75

2.47

0.47

13.89%

0.36

13 Stanbic IBTC Holdings Plc

14.44

14.65

-1.43%

144,400,000,000.00

2.04

7.09

1.03

0.69%

1.23

14 Guinness Nig Plc

89.00

89.00

0.00%

134,024,048,732.00

-3.06

-29.10

1.30

3.60%

3.40

15 FBN Holdings Plc

3.06

3.07

-0.33%

109,839,595,943.52

0.21

14.75

0.21

4.90%

0.18

16 Total Nigeria Plc

245.45

245.85

-0.16%

83,335,634,891.65

38.02

6.46

0.31

5.70%

3.66

17 7-Up Bottling Comp. Plc

129.36

129.36

0.00%

82,866,769,357.68

-0.05 -2,832.18

0.89

1.70%

3.73

18 Mobil Oil Nig Plc

219.41

208.97

5.00%

79,118,206,435.42

19.32

11.36

0.87

3.28%

4.27

59.66

62.80

-5.00%

77,706,022,604.98

3.31

18.04

0.50

5.78%

1.80

20 Dangote Sugar Refinery Plc

6.20

6.20

0.00%

74,400,000,000.00

1.03

6.04

0.52

8.06%

1.19

21 International Breweries Plc

18.70

18.70

0.00%

61,602,461,536.00

0.02

829.93

2.31

1.34%

5.62

22 Flour Mills Nig. Plc

19.49

19.49

0.00%

51,146,382,774.63

-1.19

-16.33

0.12

10.26%

0.51

23 Julius Berger Nig. Plc

35.00

35.00

0.00%

46,200,000,000.00

-2.95

-11.88

0.40

4.29%

2.43

3.80

3.99

-4.76%

45,731,551,797.20

-3.15

-1.21

0.18

19.74%

0.29

25 Okomu Oil Palm Plc

36.20

36.20

0.00%

34,531,542,000.00

4.82

7.50

5.25

0.28%

2.14

26 U A C N Plc

16.15

17.00

-5.00%

31,021,959,850.05

3.37

4.79

0.41

6.19%

0.41

27 Transnational Corporation Of Nigeria Plc

0.72

0.72

0.00%

27,879,118,146.00

-0.47

-1.54

0.53

0.00%

0.38

28 Fidelity Bank Plc

0.82

0.79

3.80%

23,749,320,267.44

0.39

2.12

0.16

19.51%

0.13

04 Nestle Nigeria Plc

07 Seplat Petroleum Dev. Co. Ltd 08 Unilever Nigeria Plc 09 Ecobank Transnational Incorporated 10 Presco Plc

19 Forte Oil Plc.

24 Oando Plc

29 Cap Plc

33.00

33.00

0.00%

23,100,000,000.00

2.28

14.45

3.46

3.48%

13.50

30 Custodian And Allied Insurance Plc

3.76

3.78

-0.53%

22,115,809,373.20

0.76

4.93

0.61

3.72%

0.77

31 Diamond Bank Plc

0.93

0.95

-2.11%

21,539,161,740.24

-0.29

-3.17

0.10

0.00%

0.09

32 FCMB Group Plc

1.04

1.05

-0.95%

20,594,819,212.24

0.61

1.70

0.13

9.62%

0.12

33 Sterling Bank Plc

0.70

0.71

-1.41%

20,153,292,688.20

0.29

2.43

0.19

12.86%

0.25

34 Wema Bank Plc

0.52

0.52

0.00%

20,058,722,362.12

0.06

8.73

0.39

0.00%

0.42

35 Mansard Insurance Plc

1.80

1.89

-4.76%

18,900,000,000.00

0.28

6.46

0.94

2.78%

0.90

10.05

10.05

0.00%

18,875,930,502.00

0.50

20.13

0.67

12.94%

1.85

7.00

6.84

2.34%

18,546,068,646.00

0.85

8.24

0.99

7.86%

2.51

38 Glaxo Smithkline Consumer Nig. Plc

14.01

14.01

0.00%

16,754,229,596.88

-2.98

-4.70

0.60

2.14%

1.91

39 PZ Cussons Nigeria Plc

36 Cadbury Nigeria Plc 37 National Salt Co. Nig. Plc

15.20

15.20

0.00%

15,200,000,000.00

5.69

2.67

1.06

0.66%

0.41

40 Continental Reinsurance Plc

1.00

1.00

0.00%

10,372,744,312.00

0.42

2.38

0.47

12.00%

0.55

41 Honeywell Flour Mill Plc

1.07

1.09

-1.83%

8,485,311,494.06

-0.40

-2.65

0.18

14.95%

0.26

42 Skye Bank Plc

0.50

0.52

-3.85%

6,940,150,705.00

-2.93

-0.17

0.04

60.00%

0.07

43 Wapic Insurance Plc

0.50

0.50

0.00%

6,691,369,126.00

0.18

2.78

0.85

6.00%

0.41

44 Unity Bank Plc

0.57

0.59

-3.39%

6,662,922,626.94

-0.10

-5.56

0.10

0.00%

0.08

45 Resort Savings & Loans Plc

0.50

0.50

0.00%

5,664,866,202.00

0.03

17.71

3.72

0.00%

1.94

46 Cement Co. Of North.Nig. Plc

4.48

4.48

0.00%

5,629,916,391.68

0.22

20.46

0.51

2.23%

0.52

47 UACN Property Development Co. Limited

2.35

2.47

-4.86%

4,039,062,488.25

0.30

7.85

0.96

29.79%

0.11

48 Nigerian Aviation Handling Company Plc

2.44

2.44

0.00%

3,963,093,750.00

0.15

16.15

0.49

8.20%

0.66

49 AIICO Insurance Plc

0.57

0.57

0.00%

3,950,216,553.60

0.22

2.56

0.14

8.77%

0.39

50 Fidson Healthcare Plc

1.46

1.40

4.29%

2,190,000,000.00

0.24

6.20

0.33

3.42%

0.34

TOTAL

8,180,169,682,451.45

TOTAL MARKET CAP

8,720,796,723,854.69

% OF MARKET CAP Annotation - MA* = Simple Moving Average

93.80%

Table 1 Market Statistics Mkt Indicators NSE All Share Index NSE Market Cap (N'Trillion)

Open 25-Nov-16

Close 28-Nov-16

Change %

25,333.39 8.72

25,318.41 8.72

-0.06% -0.06%

105.12 8.18

105.06 8.18

-0.05% -0.05%

Thisday BGL 50 Index Thisday BGL 50 Market Cap (N'Trillion)

Table 3 Top 5 Gainers Stock

Open Close Change 25-Nov-16 28-Nov-16 %

Mobil Oil Nig Plc Fidson Healthcare Plc Fidelity Bank Plc Ecobank Transnational Incorporated National Salt Co. Nig. Plc

208.97 1.40 0.79 9.50

219.41 1.46 0.82 9.80

5.00% 4.29% 3.80% 3.16%

6.84

7.00

2.34%

Table 4 Top 5 Losers Stock

Open Close Change 25-Nov-16 28-Nov-16 %

Forte Oil Plc. U A C N Plc UACN Property Development Co. Limited Oando Plc Mansard Insurance Plc

62.80 17.00 2.47

59.66 -5.00% 16.15 -5.00% 2.35 -4.86%

3.99 1.89

3.80 -4.76% 1.80 -4.76%

Market commences its bearish trend as ASI drops by a modest 0.06% Market pulse on the Nigerian Stock Exchange (NSE) today – Monday, November 28th, 2016 ends on a bearish note as stock market close red on the first trading day of the week. This was further highlighted by negative performances from the NSE Sub sectors: Consumer Goods and Oil & Gas (Save Banking and Insurance). Trading activities increased in volume as 202.43 million shares worth of N1.62 billion in 2,558 deals exchanged hands today. This is a decrease from the 144.16 million shares worth of N2.14 billion in 2,459 deals which exchanged hands on Friday. Topping in volume terms were Wema Bank Plc, Access Bank Plc and Zenith Bank Plc, while Nestle Nigeria Plc and Guaranty Trust Bank Plc ended trading as the most active stocks in value terms.

The All Share Index (NSEASI) closed negative with 0.06% (-14.98) decrease to close at 25,318.41 from 25,333.39 the previous trading day. Market Capitalization depreciated in tandem to N8.72 trillion from N8.72 trillion of prior trading day. Similarly, the Thisday BGL 50 Index followed suit with a decrease of 0.05% to close at 105.06 from 105.12 recorded at the end of the previous trading day, while its market capitalization stood at 8.18 trillion from 8.18 trillion of the previous trading day.

A total number of 15 stocks gained on the bourse today while 20 stocks declined, 59 leaving stocks unchanged. Mobil Oil Nig. Plc emerged as the day’s toast of investors as it topped the Thisday BGL 50 Index gainers’ list with a gain of 5.00% to close at N219.41 per share. It was followed

by Fidson Healthcare Plc with a gain of 4.29% to close at N1.46 per share. Others on the gainers list include: Fidelity Bank Plc, Ecobank Transnational Incorporated and National Salt Co. Nig. Plc; while on the decliners’ list, Forte Oil Plc emerge with a loss of 5.00% to close at N59.66 per share. It was followed by UACN Plc with a loss of 5.00% to close at N16.12 per share. Others on the decliners list include: UACN Property Development Co. Limited, Oando Plc and Mansard Insurance Plc. REQUIRED DISCLOSURE This report has been prepared by BGL Plc. BGL Plc does and seeks to do business with companies covered in its research reports. As a result, the firm may have a conflict of interest that could affect the objectivity of this report. Investors should use this report as one of many other factors in making their investment decisions.

For more details go to www.thisdaylive.com

38

T H I S D AY •TUESDAY, NOVEMBER 29, 2016

MARKET NEWS

Qatar National Bank Converts Preference Shares to Ordinary Shares in ETI Goddy Egene and Nosa Alekhuogie Qatar National Bank, one of Ecobank Transnational Incorporated (ETI)’s major shareholders, with 732,277,056 preference shares, is among the shareholders of the company who want to convert their preference shares into ordinary shares.

In all, holders of 819,424,548 preference shares have indicated

to intention to exercise their convention option out of an outstanding of 1,031,515,911 preference shares, as at the end of December 2015.

In a notification to the Nigerian Stock Exchange (NSE) yesterday, ETI said by a resolution passed on the 14th of September 2011, the ETI Board of Directors approved the acquisition of Oceanic Bank International Plc. “In line with the terms on

conversion of preference shares recommended to Oceanic shareholders by the Oceanic board, as stated in the scheme of arrangement documents, and approved by Oceanic shareholders, preference shareholders had the right, exercisable at any time between the third anniversary of the issue date and the fifth anniversary of this date, to convert their preference shares into ordinary shares in

the company at the rate of one preference share to 0.76923 ordinary share.

“Preference shareholders, therefore, had the right to convert their preference shares up to Monday the 31st of October, 2016. Out of an outstanding of 1,031,515,911 preference shares, as at the end of December 2015, the holders of 819,424,548 preference shares exercised their right to convert their

preference shares into ordinary shares in the company,” the company said.

Commenting on the development, the Group Chief Executive Officer of ETI, Mr. Ade Ayeyemi said: “We appreciate the trust and confidence that the preference shareholders, particularly QNB, have in Ecobank. With the support of all our shareholders, we shall continue to provide the

best quality banking services to our numerous clients across the largest banking network in Africa.”

He said the total ETI shares will increase to 24,730,354,443 ordinary shares upon conversion, noting that the company is taking all necessary steps to get the shares converted, issued and listed on the three stock exchanges on which the company is listed.

DAILY STOCK MARKET REPORT T H E

N I G E R I A N

STO C K

E XC H A N G E

39

tuesdAY, NOVeMber 29, 2016 • T H I S D AY

MARKET NEWS

ARM Money Market Fund Listed on the Nigerian Stock Exchange Goddy Egene ARM Investment Managers Limited, a leading asset management company and fund manager to the ARM Discovery Fund, ARM Aggressive Growth Fund and ARM Ethical Fund yesterday listed its Money Market Fund (ARM MMF) on the Nigerian Stock Exchange (NSE).

The ARM MMF, is an open-ended fund authorised and registered in Nigeria as a unit trust scheme under Section 160 of the Investment and Securities

Act 2007. The fund has an Aa(f) rating from Agusto & Co. The primary objective of the fund, according to the company is to provide a steady stream of income to investors by investing in high quality short term government securities and money market instruments.

The Managing Director of the company, Mr Fela Popoola was quoted saying “listing the fund raises its visibility. With its performance track record, improved distribution channels and access, discerning investors

A Mutual fund (Unit Trust) is an investment vehicle managed by a SEC (Securities and Exchange Commission) registered Fund Manager.

Investors with similar objectives buy units of the Fund so that the Fund Manager can buy securities that willl generate their desired return.

An ETF (Exchange Traded Fund) is a type of fund which owns the assets (shares of stock, bonds, oil futures, gold bars, foreign currency, etc.) and divides ownership of those assets into shares. Investors can buy these ‘shares’ on the

(local and foreign) will find it a very compelling and efficient investment vehicle.”

Popoola explained that in a bid to make the fund accessible to a wider audience, minimum investable amount is set at only N5,000.

“More interestingly, ARM has made investing easier by introducing convenient channels such as USSD codes, mobile money, online transfer, quick teller, direct debits etc. Access to your funds (redemption) is also a key priority for the fund manager

floor of the Nigerian Stock Exchange.

A REIT (Real Estate Investment Trust) is an investment vehicle that allows both small and large investors to part-own real estate ventures (eg.

Offices, Houses, Hospitals) in proportion to their investments. The assets are divided into shares that are traded on the Nigerian Stock Exchange.

GUIDE TO DATA: Date: All fund prices are quoted in Naira as at 25-Nov-2016, unless otherwise stated.

and have assured a seamless process that should not exceed one working day from receipt of the executed redemption form,” he added.

ARM Investment Managers Limited provides global asset management services across a wide range of traditional and alternative investment options, including equities, fixed income securities managed in local and foreign currency. With over 20 years of investment management expertise, ARM Investment Managers offers investment

opportunities to a substantial and diversified client base that includes corporations, high net-worth individuals, and small savers. The company consistently distinguishes itself through its superior research quality, asset management track record and value-adding financial advisory services.

Its business comprises retail investment services through mutual funds, wealth management which includes customisation of wealth solutions for its high net worth clients and institutional

asset management service.

A stockbroker and immediate past Chairman of Association of Stockbroking Houses of Nigeria (ASHON), Mr. Emeka Madubuike had said that investing through unit trust schemes is option that investors who are looking forward to reducing their risks should consider.

He explained that retail investors are more likely to benefit from mutual funds because it gives investors the room to mitigate their losses to some extent.

Offer price: The price at which units of a trust or ETF are bought by investors.

Bid Price: The price at which Investors redeem (sell) units of a trust or ETF. Yield/Total Return: Denotes the total return an investor would have earned on his investment. Money Market Funds report Yield while others report Year- to-date Total Return.

NAV: Is value per share of the real estate assets held by a REIT on a specific date.

DAILY PRICE LIST FOR MUTUAL FUNDS, REITS and ETFS MUTUAL FUNDS / UNIT TRUSTS AFRINVEST ASSET MANAGEMENT LTD Web: www.afrinvest.com; Tel: +234 1 270 1680 Fund Name Bid Price Afrinvest Equity Fund 120.34 Nigeria International Debt Fund 219.85 ALTERNATIVE CAPITAL PARTNERS LTD Web: www.acapng.com, Tel: +234 1 291 2406, +234 1 291 2868 Fund Name Bid Price ACAP Canary Growth Fund 0.67 AIICO CAPITAL LTD Web: www.aiicocapital.com, Tel: +234-1-2792974 Fund Name Bid Price AIICO Money Market Fund ARM INVESTMENT MANAGERS LTD Web: www.arm.com.ng; Tel: 0700 CALLARM (0700 225 5276) Fund Name ARM Aggressive Growth Fund ARM Discovery Fund ARM Ethical Fund ARM Money Market Fund AXA MANSARD INVESTMENTS LIMITED Web: www.axamansard.com; Tel: +2341-4488482 Fund Name AXA Mansard Equity Income Fund AXA Mansard Money Market Fund CHAPELHILL DENHAM MANAGEMENT LTD Web: www.chapelhilldenham.com, Tel: +234 461 0691 Fund Name Nigeria Global Investment Fund Paramount Equity Fund Women's Investment Fund FBN CAPITAL ASSET MANAGEMENT LTD Web: www.fbnquest.com; Tel: +234-81 0082 0082 Fund Name FBN Fixed Income Fund FBN Heritage Fund FBN Money Market Fund FBN Nigeria Eurobond (USD) Fund - Institutional FBN Nigeria Eurobond (USD) Fund - Retail FBN Nigeria Smart Beta Equity Fund FIRST CITY ASSET MANAGEMENT LTD Web: www.fcamltd.com; Tel: +234 1 462 2596 Fund Name Legacy Equity Fund Legacy Short Maturity (NGN) Fund FSDH ASSET MANAGEMENT LTD Web: www.fsdhaml.com; Tel: 01-270 4884-5; 01-280 9740-1 Fund Name Coral Growth Fund

100.00

aaml@afrinvest.com Offer Price Yield / T-Rtn 121.24 10.44% 221.08 9.85% info@acapng.com Offer Price Yield / T-Rtn 0.68 9.01% ammf@aiicocapital.com Offer Price

Yield / T-Rtn

100.00

16.72%

enquiries@arminvestmentcenter.com Bid Price 11.72 277.62 21.68

Offer Price 12.07 286.00 22.33

Yield / T-Rtn -3.82% -0.67% -1.66%

1.00

1.00

16.05%

investmentcare@axamansard.com Bid Price 102.40

Offer Price 103.05

Yield / T-Rtn 2.72%

1.00 1.00 14.98% investmentmanagement@chapelhilldenham.com Bid Price 2.13 9.03 83.20

Offer Price Yield / T-Rtn 2.18 4.61% 9.26 -8.37% 85.33 2.57% invest@fbnquest.com

Bid Price 1,076.30 109.31 100.00 $101.42 $101.20

Offer Price 1,077.49 109.86 100.00 $102.10 $101.89

Yield / T-Rtn 5.03% 3.68% 14.17% 5.20% 4.98%

106.52

107.94

7.66%

fcamhelpdesk@fcmb.com Bid Price 0.90 2.54

Offer Price Yield / T-Rtn 0.92 0.00% 2.54 9.02% coralfunds@fsdhgroup.com

Bid Price 2,164.07

Offer Price 2,188.59

Coral Income Fund 2,078.12 INVESTMENT ONE FUNDS MANAGEMENT LTD Web: www.investment-one.com; Tel: +234 812 992 1045,+234 1 448 8888 Fund Name Bid Price

Yield / T-Rtn -0.53%

2,078.12 9.84% enquiries@investment-one.com Offer Price

Yield / T-Rtn

Vantage Guaranteed Income Fund

1.00

1.00

15.10%

Vantage Balanced Fund

1.65

1.66

0.92%

LOTUS CAPITAL LTD fincon@lotuscapitallimited.com Web: www.lotuscapitallimited.com; Tel: +234 1-291 4626 / +234 1-291 4624 Fund Name Bid Price Offer Price Yield / T-Rtn Lotus Halal Investment Fund 0.99 1.01 11.41% Lotus Halal Fixed Income Fund 997.99 997.99 -0.20% MERISTEM WEALTH MANAGEMENT LTD info@meristemwealth.com Web: www.meristemwealth.com ; Tel: +234 1-4488260 Fund Name Bid Price Offer Price Yield / T-Rtn Meristem Equity Market Fund 9.18 9.26 -6.16% Meristem Money Market Fund 10.00 10.00 14.36% PAC ASSET MANAGEMENT LTD info@pacassetmanagement.com Web: www.pacassetmanagement.com/mutualfunds; Tel: +234 1 271 8632 Fund Name Bid Price Offer Price Yield / T-Rtn PACAM Balanced Fund 1.04 1.05 5.31% PACAM Fixed Income Fund 10.38 10.45 4.12% SCM CAPITAL LIMITED info@scmcapitalng.com Web: www.scmcapitalng.com; Tel: +234 1-280 2226,+234 1- 280 2227 Fund Name Bid Price Offer Price Yield / T-Rtn SCM Capital Frontier Fund 107.22 107.91 5.22% SFS CAPITAL NIGERIA LTD investments@sfsnigeria.com Web: www.sfsnigeria.com, Tel: +234 (01) 2801400 Fund Name Bid Price Offer Price Yield / T-Rtn SFS Fixed Income Fund 1.23 1.23 9.22% STANBIC IBTC ASSET MANAGEMENT LTD assetmanagement@stanbicibtc.com Web: www.stanbicibtcassetmanagement.com; Tel: +234 1 280 1266; 0700 MUTUALFUNDS Fund Name Bid Price Offer Price Yield / T-Rtn Stanbic IBTC Balanced Fund 1,789.28 1,799.03 6.53% Stanbic IBTC Bond Fund 152.05 152.05 3.38% Stanbic IBTC Ethical Fund 0.74 0.75 -0.67% Stanbic IBTC Guaranteed Investment Fund 183.69 183.69 8.25% Stanbic IBTC Iman Fund 128.63 130.22 -4.95% Stanbic IBTC Money Market Fund 100.00 100.00 16.59% Stanbic IBTC Nigerian Equity Fund 7,299.53 7,394.61 1.55% UNITED CAPITAL ASSET MANAGEMENT LTD unitedcapitalplcgroup.com Web: www.unitedcapitalplcgroup.com; Tel: +234 803 306 2887 Fund Name Bid Price Offer Price Yield / T-Rtn United Capital Balanced Fund 1.14 1.16 8.85% United Capital Bond Fund 1.24 1.24 15.25% United Capital Equity Fund 0.67 0.68 -0.03% United Capital Money Market Fund 1.00 1.00 13.00% ZENITH ASSETS MANAGEMENT LTD info@zenith-funds.com Web: www.zenith-funds.com; Tel: +234 1-2784219 Fund Name Bid Price Offer Price Yield / T-Rtn Zenith Equity Fund 9.39 9.56 -1.48% Zenith Ethical Fund 11.02 11.11 -3.83% Zenith Income Fund 16.88 16.88 5.22%

REITS

NAV Per Share

Yield / T-Rtn

11.58 122.98

3.99% 6.15%

Bid Price

Offer Price

Yield / T-Rtn

8.50 72.34

8.60 73.71

-11.21% -13.08%

Fund Name FSDH UPDC Real Estate Investment Fund SFS Skye Shelter Fund

EXCHANGE TRADED FUNDS

Fund Name Lotus Halal Equity Exchange Traded Fund Stanbic IBTC ETF 30 Fund

VETIVA FUND MANAGERS LTD Web: www.vetiva.com; Tel: +234 1 453 0697

Fund Name Vetiva Banking Exchange Traded Fund Vetiva Consumer Goods Exchange Traded Fund Vetiva Griffin 30 Exchange Traded Fund Vetiva Industrial Goods Exchange Traded Fund Vetiva S&P Nigeria Sovereign Bond Exchange Traded Fund

funds@vetiva.com Bid Price

Offer Price

Yield / T-Rtn

2.47 7.09 11.62 15.36 127.48

2.51 7.17 11.62 15.56 129.48

8.15% 10.89% -6.59% -19.94% -

The value of investments and the income from them may fall as well as rise. Past performance is a guide and not an indication of future returns. Fund prices published in this edition are also available on each fund manager’s website and FMAN’s website at www.fman.com.ng. Fund prices are supplied by the operator of the relevant fund and are published for information purposes only.

40

TUESDAY NOVEMBER 29, 2016 • T H I S D AY

NEWSEXTRA

Boko Haram Resurgence: Military Accepts Errors, Says Fault Lines Have Been Identified Paul Obi in Abuja Following the resurgence of Boko Haram in the North-east where the sect has in recent weeks sprung surprise ambushes leading to the loss of several lives, the Chief of Defence Staff, General Gabriel

Olonisakin, yesterday said the Defence Headquarters has identified lapses leading to the recent failures in the joint operations of the armed forces in the prosecution of the war against terrorists in the region.

He stated this while delivering a keynote address at the opening

US Ambassador Doles out $171,000 Grant to Support Orphans,Vulnerable Children Alex Enumah in Abuja The Embassy of the United States of America yesterday doled out $171,000 in grants to 30 local groups in Nigeria to support them in meeting their various obligations to vulnerable groups in communities across the country.

The gesture which has become a yearly ritual of the US Ambassador to Nigeria, is a one-time grant to support community development projects that are aimed at improving the socio-economic welfare or health of Nigerians, including communities living with, or affected by HIV/ AIDS. The new Ambassador of the US, Stuart Symington, urged recipients to make judicious use of the monies and thereby put smiles on the faces of the less privilege in the country.

He was speaking at the signing ceremony of the US Ambassador’s Small Grants Programme in Abuja.

“We have this programme that you are part of, but it will only

succeed and go forward if you don’t mess it up it,” he said and added that the Nigeria and indeed the world would be a better place for all to live in when people take a conscious decision to impact positively at least one person they come across with daily.

He disclosed that Nigeria as a nation is very important both to the US and the entire world; hence the United States in the last 20 years has been supporting various groups with these grants to ameliorate the sufferings of vulnerable children across communities in the country.

He said: “All around the world people have heard of Nigeria, all around the world people have heard of Africa and smart people have said if Nigeria succeeds, Africa would succeed. And they have said if Africa succeeds the world would succeed.

He advised the recipients to form a close link among themselves as well as with earlier recipients so that they can inter phase, share ideas, including their success stories.

About 29,581 Nigerians who fled their communities in Borno, Yobe and Adamawa State as a result of the Boko Haram activities to Republic of Niger and Cameroun have voluntarily returned.

This was contained in a published report of humanitarian relief intervention by the National Emergency Management Agency (NEMA) which was released recently.

The report according to a statement by the Head, Media and Public Relations, NEMA, Sani Datti, said13,046 Nigerian returnees from Niger Republic in May, 2015 were received in Geidam, Yobe State, while between April and December 2015, NEMA received about 16,595 Nigerians who had voluntarily returned from Cameroun through the Sahuda border crossing area near Mubi, Adamawa State.

“Some of the Nigerians that fled to neighbouring countries (Niger, Chad and Cameroun) were provided with humanitarian relief support by the Federal Government of Nigeria through NEMA to alleviate their suffering.

The displaced Nigerians have also received humanitarian supports from the host governments, the United Nations High Commission for Refugees (UNHCR), the host communities and Nigerian citizens living in the three host countries’’ the report said. There are presently 20,804 displaced Nigerians living the Republic of Chad, 80,709 in the Republic of Cameroun and 138,321 in the Republic in Niger.

It noted that the agency adopted a monthly humanitarian coordination meeting; a forum consisting of relevant federal government agencies, United Nations systems and international non-government organisations (INGOs) to undertake the analysis of causes of humanitarian situations, conducting of need assessments, and identification of priorities and provision of humanitarian interventions based on their respective mandates. The system operates through different sectors lead by national MDAs and co-lead

by UN agencies.

The report added that due to the successes recorded by the Nigerian military with the support of the Multi-National Joint Military Task Force (MNJTF) in the fight against Boko Haram insurgents, the humanitarian dashboard is fast changing. The focus is gradually shifting towards Reconstruction, Rehabilitation, Resettlement, Recovery and dignified return of internally displaced persons (IDPs) back home while process for the return of Nigerian refugees from neighboring countries is equally on-going.

“NEMA will continue to support and work towards bridging the identified gaps in humanitarian response through enhanced coordination, capacity building and strengthening of collaboration with the affected states and relevant stakeholders including line MDAs, local and international response organisations and the UN system,” the report said.

ceremony of the Advanced Joint Operations Planning Course in Abuja.

The statement came amid recent loses by the military of top commanders and soldiers in the onslaught against the terrorists.

The military hierarchy has also been taken aback by current inroads being made by the terrorists in resisting high-powered operations of the military, leading to the death of some troops in recent weeks.

Olonisakin said the development has demanded the building of operational capacity of the armed forces geared towards fortifying the military.

The Chief of Defence Staff insisted

that the Defence Headquarters, after a critical appraisal of “some past and ongoing joint operations of the Armed Forces of Nigeria, identified the gaps in the planning and execution of joint operations.”

He, however, did not disclose the faultlines that have been responsible for the loses and resurgence of the Boko Haram sects.

Olonisakin observed that there was need to imbibe the current trend in modern warfare brought about by the need for joint operations among members of the armed forces, stating that such approach and development had significantly degraded and weakened the Boko Haram

capabilities and restored some level of normalcy in the North-east.

“Notwithstanding these achievements, the Defence Headquarters has reviewed some past and ongoing joint operations and identified some gaps in the planning and execution of these operations, “he said.

The CDS, who was represented at the occasion by the Chief of Administration, Defence Headquarters, Rear Admiral Andrew Dacosta, harped on the need for concerted efforts in pushing ahead with the battle against the terrorists.

Olonisakin added: “The course was designed to further enhance

the understanding of participants in all the processes required for a successful planning and execution of joint operations,” adding that, “it was expected that at the end of course, they would be well equipped with skills required for vertical and horizontal integration of plans during the execution of joint operations.”

He further expressed gratitude to the British military and advisory team for the training and cooperation between Nigeria and Britain, saying that “the British efforts towards building the desired capacity for addressing Nigeria’s internal security challenges were commendable.”

AND SEALED 29,581 Displaced Nigerians Return SIGNED L-R: Chairman, Northern States Governors’ Forum and Governor of Borno State, Kashim Shettima; President/Chief Executive Officer, General Electric, Nigeria, Dr. Lazarus Angbazo; Senior Executive, Western Europe and Africa, General Electric, Mr. Armand Pineda; CEO, Northern from Neighbouring Countries Nigeria Global Economic Re-integration Programme, Tanimu Yakubu Kurfi, at the signing of a memorandum of understanting (MoU) between General Electric and Northern governors for the construction of five solar power plants in Borno, Niger, Kebbi, Nasarawa and Taraba States in Abuja....yesterday

Judge Insists DSS Must Comply with Court Orders before Trial of Suspect Can Start Tobi Soniyi in Abuja The Department of State Services (DSS) has again disobeyed an order of a Federal High Court granting bail to a member of the Presidential Committee investigating procurement of arms and equipment in the Armed Forces, Air Commodore Umar Mohammed.

This was disclosed yesterday by his lawyer, Hassan Liman (SAN) while objecting to an application by the prosecutor, Mr. Labaran Magaji, to commence Mohammed’s trial.

Mohammed, 54, was arraigned in September for alleged money laundering with his company, Easy Jet Integrated Services Limited, before Justice John Tsoho, on a four-count amended charge marked: FHC/ABJ/CR/145/16.

Yesterday, when the trial resumed the trial judge was told that the DSS had yet to comply with the court’s order granting bail to the accused person.

The judge consequently declined the request by the prosecutor to commence the trial.

The judge had at the last hearing granted Mohammed bail and ordered among others, that he should be remanded in prison

custody until he is able to meet the bail conditions.

Yesterday, prosecution lawyer, Labaran Magaji had indicated the state’s readiness to commence trial.

But, lead defence lawyer, Hassan Liman (SAN), objected to the commencement of trial on the grounds that the court’s previous order had not been complied with by the prosecution.

He told the judge that the accused person was still being held by the DSS despite a court order that he should be admitted to bail or transfer to prison.

Liman told the court that the prosecution did not transfer the defendant to prison as ordered by the court and had also refused to release him even after meeting the bail conditions.

The prosecutor did not deny the claims by the defence counsel.

Upon being informed that the defendant was still being held in DSS’ custody, Justice Tsoho said he would not subscribe to the commencement of trial when his earlier orders had not been complied with.

He said there was no way the prosecution could be talking of the commencement of trial when it was yet to comply with court’s pending orders.

He subsequently adjourned to December 19 for the prosecution to comply with the order releasing Mohammed upon meeting the bail conditions.

A similar incident had played out before Justice Nnamdi Dimgba (also of the Federal High Court, Abuja) before whom Mohammed and his company were earlier arraigned in July.

Justice Dimgba granted Umar bail at N100m, with two sureties at N50m each, who could be a private citizen or public officer, with landed property in the Federal Capital Territory (FCT).

Mohammed met the bail conditions, but the DSS refused to release him or transfer him to prison custody as ordered by the court.

The judge, who was angered by the refusal of the DSS to comply with his orders elected not to take any further steps in the case until his orders were obeyed.

His house was also raided by operatives of DSS on October 9.

The case remained stalled until it was later re-assigned to Justice Tsoho’s court by the Chief Judge of the Federal High Court.

Mohammed and his company are charged with money

laundering, illegal possession of firearms and violation of Official Secret Act. They were said to have accepted $1,030,000 in cash from a firm, Worldwide Consortium PTY Ltd “as payment for flight services without going through a financial institution as required by law.

They are said to have committed the offence of money laundering contrary to sections 18 (a) and 16(1)(d) of the Money Laundering Act 2011 and punishable under Section 16(2)(b) of the Act. Mohammed is accused of being in illegal possession of two pump action guns (marked: SBSG Magnum 397 and SBGS Interpress 09-1573) between June 1, 2011 and June 19, 2016 without valid licenses and thereby committed an offence contrary to Section 4 of the Firearms Act 2004 and punishable under Section 27(1)(b)(i) of the act.

He is also accused of having in his possession, at his No: 4 Lungi Close, Mississippi, Maitama, Abuja home, “classified/official documents without lawful authority and thereby committed an offence contrary to Section 1(1) (b) of the Official Secret Act and punishable under Section 7(1)(a) of the same Act.”

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NSA: Maitatsine Metamorphosed to Boko Haram Terrorists Says militancy calls to question the power of the state to protect its citizens Adeday Akinwale in Abuja The National Security Adviser (NSA), Maj.Gen Mohammed Babagana Monguno (rtd), yesterday revealed that the Maitatsine insurgents that ravaged the northern part of the country in the 1980s and led to the death of about 5,000 people metamorphosed into the present Boko Haram.

The NSA also said the problem of militancy in the Niger Delta region has called into question the power of the government to protect its citizens.

Monguno who was represented by the Director of External Services in his office, Mr. Abba Ibrahim, disclosed this in Abuja at the fourth Eminent Persons and Expert Group Meeting (EEGM) 2016, with the theme: ‘Dialogue on Current Security Challenges in Nigeria: Towards an All-Inclusive National Strategy,’ organised by the National Institute for Policy

and Strategic Studies (NIPPS), Jos. According to him, “The most significant security challenge to our individual and national peace and security is the menace of the Boko Haram sect. Though it started as a suppressed religious group called Maitastine in the 80s, it clearly metamorphosed to terrorist sect called Boko Haram in 2009.”

He noted: “Its terrorist inclinations manifests in the activities of the group which is now known as a notorious product of an unhealthy mix of religious and political chauvinism and extremism.”

The NSA stated that unfortunately, everyone is mutually enmeshed in a high degree of risk and uncertainty posed by the current security challenges which have festered from the inception of our state and have metamorphosed into hideous conditions in more recent times.

Baring his mind on the incessant herdsmen/farmers’ clashes,

Monguno stressed that the unpalatable situation had spurred hot clashes and flared tensions which have now spread to states in the South-west, South-south and parts of the South-east.

On the Niger Delta crisis, the NSA said: “The militancy that has permeated the Niger Delta region has been most negatively impactful on our economy. Not only has it called the image of the state in the protection of citizens, it has made our tabbed oil rich nation of the confidence to court Foreign Direct Investments (FDIs).”

Monguno recommended that the current security

challenges facing the country urgently presents the need for dynamism and pro-activeness in the formulation of a grand strategy of security within the state with standards that must take cognisance of the carrot and stick approaches.

“Dialogue presents the state with the opportunity to negotiate with and rehabilitate suspects who could be potentially productive resources to the state. Also, onus lies with the security agencies to wield the big stick where necessary, that is, to meet violence with more force to subdue any person or group whose actions deliberately

undermine our security in order to maintain its paramount in ligation to protect lines and property.

“To ensure these however, the question of capacity of our developmental and security institutions have to be addressed so that emanating security strategies can work beyond papers,” Monguno added.

Earlier, the Director General of NIPPS, Mr. Jonathan Juma, said the conference was called to dialogue on the issue of various security challenges facing the country, and to address them.

He said at the end of the conference, actionable

recommendations that would address the issue of security challenges would be submitted to the government.

Also, the Chairman, National Advisory Committee, Nigeria Stability and Reconciliation Programme (NSRP), Odein Ajumogobia, said in this technological age, technology was not a luxury but a necessity in order to address the issue of security properly.

He explained that technology ensures real time spring of information and enables efficient collaboration between different arms of government.

EFCC Prosecutor, Obla, Justice Ofili-Ajumogobia Arraigned for Corruption

Defendants granted bail Akinwale Akintunde The Economic and Financial Crimes Commission (EFCC) yesterday arraigned a Federal High Court judge, Justice Rita Ngozi Ofili-Ajumogobia and the commission’s prosecutor, Mr. Godwin Obla (SAN), before an Ikeja High Court.

The duo were arraigned before Justice Olatunde Oshodi on a 30-count charge, bordering on perversion of the course of justice, graft, unlawful enrichment, providing false information to EFCC and forgery.

They however pleaded not guilty to all charges and were granted bail on personal recognition as prayed by their counsel, Mr. Wale Akoni (SAN) for Ofili-Ajumogobia and Mr. Ifedayo Adedipe (SAN) for Obla, despite stiff opposition by the prosecution led by Mr. Rotimi Oyedepo on the grounds that they might interfere with investigation and prosecution witnesses.

The judge also ordered the defendants to deposit all their travelling documents and the sum of N20 million each with the court registrar within seven days, failure of which their bail would be revoked.

According to the charge sheet, five of the charges which directly concerned Obla are centred on an alleged N5 million bribe given to the judge by the senior advocate while the remaining 25 charges are on the huge amounts that passed through the accounts of Ofili-Ajumogobia and her alleged inability to explain her source of wealth.

The EFCC alleged that about $793,800 passed through the

judge’s domiciliary accounts between 2012 and 2015.

The judge allegedly used the money to buy a house in London.

In the charge with suit No: LD/367/C/16, the anti-graft agency insisted that the defendants allegedly committed the offence on May 24, 2015, when they conspired to pervert the course of justice with the sum of N5 million The said sum according to the EFCC was said to have been transferred to one Nigel & Colive Ltd, in relation to a charge number FHC/L/C/482/10.

The commission maintained that Justice Ofili-Ajumogobia is the sole signatory to Nigel & Colive Ltd, adding that both defendants conspired to pervert the course of justice in contravention of the provisions of the Criminal Laws of Lagos State, 2011.

The EFCC alleged that the N5 million paid by Obla through his company’s account was to restrain a public officer from acting in exercise of her official duties.

Justice Ofili-Ajumogobia was equally alleged to have made a false statement to the EFCC that she was on admission at one Gold Cross Hospital, located at Bourdillon, Ikoyi, which statement was found to be false.

The anti-graft agency insisted that the offences are contrary to the provisions of the Criminal Laws of Lagos State 2011 as well as the EFCC (establishment) Act, 2004.

Meanwhile, trial commenced immediately with Ademola Oshodi, a staff of Diamond Bank Plc as the 1st prosecution witness.

The matter was adjourned till January 9, 2017 for continuation of trial.

THANK YOU FOR THE AUDIENCE

President/Chairman of Council, Institute of Chartered Secretaries and Administrators of Nigeria (ICSAN), Dr. Nat Ofo; presenting a plaque to Vice President, Prof. Yemi Osinbajo; while Vice President, ICSAN, Mr. Samuel Kolawole (left), looks on, during a courtesy visit of the organisation to the Office of the Vice President in Abuja...yesterday

MMA2: Senate C’ttee Berates FG for Failure to Honour Agreements Chinedu Eze The Senate Committee on Privatisation yesterday berated the federal government for its failure to honour agreement it entered into when it concessioned the domestic terminal of the Murtala Muhammed International Airport, Lagos, known as MMA2 to Bi-Courtney Aviation Services Limited (BASL).

The concession agreement, which was reached in 2006, stated that BASL would build a new terminal after the old one was consumed by fire and it would be done on build operate and transfer (BOT) arrangement with the terminal operating as the only domestic facility in Lagos State and also allows the company to operate regional services.

The Senate Committee on Privatisation spoke with journalists after inspecting the facility and noted that it was grossly underutilised.

The Chairman of the

Committee, Senator Ben Murray Bruce, excoriated the government and its agency, the Federal Airports Authority of Nigeria (FAAN) for not abiding by the agreement; rather it established another domestic terminal, known MMA1 or General Aviation Terminal (GAT) to compete with MMA2 and also refused to allow the BASL facility to operate regional services.

Bruce threatened that the Senate would summon the Minister of Transportation to come and explain the problem with MMA2 concession and said no other concession of the airport facilities would be done until the agreement government had with BASL was honoured.

Bruce noted that it is the responsibility of any government to honour any agreement it entered into but if later it finds that such agreement was done against its interest it should prosecute the lawyers and others who signed such agreement on behalf of government, stressing

that reneging on such agreement damages the image of the country and discourages the private sector from investing in government businesses.

So the committee emphasised that even if the agreement was later found to be inimical to the interest of the government it should still obey such agreement and punish those who signed on behalf of government.

He cited example with the agreement Virgin Atlantic Airways had with the federal government, which led to the establishment of the defunct Virgin Nigeria Airways with a proviso that allows the carrier to operate both domestic and international flights from the international terminal of the Murtala Muhammed Airport, Lagos.

Bruce said Nigeria’s image was dragged to the mud by Richard Branson, the major stakeholder of Virgin Atlantic Airways who signed the agreement with the federal government and who at various fora in the world,

criticised Nigeria for its failure to honour agreements.

“You have to abide by the agreement you signed. If not, people will be afraid to continue to do business with you. It is not only that present government but subsequent governments. We will summon the minister to come and explain government’s part of the issue.

The private sector is willing to invest in FAAN so we will give the agency zero allocation in the next budget. Agreement must be honoured; otherwise those involved must be prosecuted for betraying government’s interest.

“We want to protect the integrity of agreements and the federal republic of Nigeria about 70 per cent of the budget is spent on recurrent expenditure.

We will not spend government money to run businesses that can be run by the private sector, while people are starving. We are gradually reducing the cost of governance. We will not allow the concession to continue until this problem is solved,” Bruce said.

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Pension Directorate Discovers 9,000 Questionable Accounts Invites ICPC, banks for investigation Buhari assures pensioners of easy access to their pensions Tobi Soniyi and Iyobosa Uwugiaren in Abuja The Executive Secretary/Chief Executive Officer of the Pension Transitional Arrangement Directorate (PTAD), Sharon Ikeazor, has said she has discovered 9,000 doubtful accounts being used to defraud the agency, saying she is currently working with the banks and anticorruption agency, ICPC to weed out pensioners that have died.

The CEO of PTAD made this know during the week while interacting with journalists in Abuja. ‘’The ICPC has also helped in this regard. We discovered about 9,000 questionable accounts,” she stated. ‘’It breaks my heart to see genuine pensioners languish in penury due to unpaid emoluments; we have promised to dismantle all bureaucratic bottlenecks that hinder smooth, credible and transparent pension administration. ‘’To achieve these dreams for the agency, we have commenced a nationwide verification of pensioners under the Defined Benefit Scheme in 2014 to create a credible, authentic and digitalised database for them.’’

She said the agency has started payment of the 33 per cent pension payment increase to the pensioners, adding that the increase came as a fall out of the upward review of the minimum wage to N18,000 in 2010.

The CEO said the Presidential Committee under the leadership

of the Secretary to the Government of the Federation (SGF) at the time had negotiated the 33 per cent with pensioners and labour unions, saying though the increment was approved, it was not implemented immediately, and thus creating accumulated arrears.

Ikeazor added: ‘’PTAD has commenced payment of the 33 per cent pension payment increase in October 2014, and all arrears for the year 2014 were paid in December 2014. The arrears for 2010 to 2013 remained unpaid as outstanding government liabilities at the end of 2014. ‘’However, the 2015 budgetary appropriation for pensions did not include provisions for the 33 per cent.

The issue is compounded as a result of the current economic realities that government is facing due to dwindling revenues.

As at September 2016, PTAD has, however, been able to offset some of the 42 months arrears from al the pension departments based on available resources under each pension department.’’

On the on-going verification, she stated that PTAD has commenced a nationwide verification of pensioners under the Defined Benefit Scheme (DBS) in December 2014 towards the creation of a credible, authentic and digitalised database of pensioners.

She said that so far, PTAD has completed the verification of the Police, Customs, Immigration and

Prison pensioners, adding that the verification of civil service pensioners commenced in the North-west Zone and was followed by the South-east Zone.

The PTAD boss added: ‘’We are currently planning for the remaining zones: North-east, South-south, Southwest and North-central. The database of Nigerian pensioners under the DBS is being systematically sanitised, even as the verification continues this year. It will continue until all pensioners and Next-of-Kins of deceased pensioners under the DBS are verified. ‘’This year, we haven’t been able to do the verifications. You know the hiatus between the last DG being removed and the acting one. So, as I came in now, I’m going for verification because without it, we

can’t pay proper pensions because we could be paying ghost pensioners.

But with verification, we’re now eliminating ghost pensioners from our payroll.’’

She further stated that those who have been dropped off, who haven’t been captured in the database would now be captured, and after verification, the agency would do quality control of the database.

Speaking on the consistent reports of fraud enveloping the agency, Barrister Ikeazor said she working closely with ICPC to clear these issues.

A lot of pensioners have fallen prey to fraudsters. Some call them and say all sorts to them like we’re processing your pension payments, so pay this amount of money and we’ll sort you out. But now, PTAD

has established a call centre’’, she added.

She said the agency has a website as well, which states clearly that pensioners don’t have to go through a third party to get their pension issues resolved.

Meanwhile, President Muhammadu Buhari has said his administration’s reforms would ensure that Nigerians who spent the productive years of their lives serving the nation would not experience difficulties in getting their pensions.

Speaking at a meeting with Ikeazor at the State House, the president directed a speedy completion of the ongoing nationwide verification of pensioners.

A statement issued by his

Senior Special Assistant on Media and Publicity, Mr. Garba Shehu, said Buhari said the exercise was necessary because the success of the administration’s goal of putting in place an efficient pension scheme hinged on the availability of a reliable database.

In a presentation to the president Ikeazor said the PTAD management was determined to restore dignity to pensioners by protecting their funds and paying their entitlements promptly.

The Executive Secretary also said that in line with the anti-corruption posture of the current administration, the PTAD had put measures in place to ensure accountability, compliance with regulations and zero-tolerance for corruption.

Rivers Rerun: Wike Promises to Release Video of Rivers Police Commissioner Plotting to Rig Poll Ernest Chinwo in Port Harcourt Rivers State Governor, Nyesom Wike, has declared that the state government would in the coming weeks release audio-visual footages of the state Commissioner of Police plotting with politicians on the methods to be adopted for the planned rigging of the December 10 rerun elections.

Flagging off the rehabilitation of the General Hospital, Abonnema in Akuku-Toru Local Government Area yesterday, Wike stated that the audio-visual footages would be made public through different media platforms to expose what he described as the extreme rigging desires of the Independent National Electoral Commission (INEC) with the backing of the police and other security agencies.

He noted that the police commissioner had already distributed the 600 policemen working with the Special Anti-Robbery Squad (SARS) in the state to prominent APC leaders on a local government basis for the indiscriminate arrests of the supporters of the Peoples Democratic Party (PDP) few days to the election.

The governor added that the 600 SARS personnel distributed would also be used to unleash unprecedented violence on the people on Election Day, so that APC leaders would have time to substitute results sheets handed over to them by the INEC leadership.

He said: “We are now in

possession of the DVD of how the police commissioner and some politicians were planning on how to rig the forthcoming legislative re-run elections in Rivers State.

At the appropriate time, we shall release the materials for Nigerians to understand the depth of the electoral fraud being perpetrated

by INEC and police.

“For the security of this allimportant audio-visual material, we have mass produced them and kept them at different locations.

Nigerians are entitled to know the truth about the unfortunate rigging machine.”

The governor explained: “Now that we have caught them on tape, this will shake the world. Rivers State is not like other states where you can plot and execute easy rigging plans.

“We are ahead of them by 50 steps. If they take one step, we take 50. On behalf of our people, we shall continue to monitor these persons who are trying to steal the mandate of our people.”

Also yesterday, while flagging off the rehabilitation of General Hospital, Buguma,WikeurgedthepeopleofAsariToruandAkuku-ToruLocalGovernment Areas to continue to support the PDP and vote all PDPcandidates during the rerun elections.

He said PDP has performed in sectors neglected by the immediate past APC administration in the state.

He said the era of empty promises was gone, pointing out that the people would always stand with the PDP for its performance.

PLIGHT OF ORPHANS AND WIDOWS IN FOCUS

L-R: Emir of Kano, Alhaji Mahammad Sanusi 11; Sultan of Sokoto, Alhaji Sa’ad Abubakar III; and Chairman, Sardauna Jaiz Foundation, Alhaji Umaru Murtallab, at the Muslim stakeholders’ strategic dialogue on orphans and widows organised by Jaiz Foundation in collaboration with Supreme Council for Sharia in Nigeria at the Sardauna Foundation secretariat in Kaduna...yesterday.

Idris Egaji

Senate: We Never Confirmed Obono-Obla as NCC Commissioner Tension in Cross River over non-confirmation of nominee Omololu Ogunmade inAbuja andBassey Inyang inCalabar The Senate yesterday denied reports in some national dailies that it had dropped one of the nominees of President Muhammadu Buhari as a Non-Executive Commissioner of Nigeria Communications Commission (NCC) after it initially confirmed him.

The Senate, in a statement by its Chairman, Committee on Media, Senator Sabi Abdullahi, said it was not true that it opted to drop Mr. Okoi Obono-Obla after it earlier confirmed him.

He said a decision of the chamber was never valid until the votes and proceedings of the previous legislative day were approved.

According to him, at the commencement of the legislative session on November 22, 2016, Senator Baba Garbai pointed out an error in the votes and

proceedings of the previous legislative session that ObonoObla was among the nominees confirmed.

Abdullahi said consequent upon the observation, correction was effected, insisting that it was not correct to say that the Senate reversed itself by dropping ObonoObla after he was confirmed.

Meanwhile, Obono-Obla has accused the parliament of vendetta.

Obla who also accused Senate President Bukola Saraki of antiparty activities, said whereas the Senate had confirmed his nomination along with four others on November 17 , 2016 as one of the non- executive commissioners of the NCC’s governing board, Saraki on the 22nd of this month added his name to the list of rejected nominees via a letter he forwarded to President Muhammadu Buhari.

According to him, Saraki’s

alleged action against him, was prompted by instigation of senators from his home state, Cross River, whom he said all belong to opposition Peoples Democratic Party (PDP).

However, palpable tension has enveloped Cross River State following allegations that two senators from the state were instrumental to the dropping of Obono-Obla from the list of those cleared by the senate to serve as members of the board of NCC. In a letter sighted by THISDAY dated November 22, and forwarded from the office of the Senate President, Bukola Saraki, the name of Obono-Obla was listed as one of the three whose nominations were rejected by the senate.

However, Obono-Obla was among the five nominees by the president who were approved by the Senate on November 17, 2016, during the plenary of the

whole house.

Those whose nomination were confirmed include Senator Olabiyi Durojaiye (Chairman/ Ogun/South-west), Senator Ifeanyi Ararume(Non- Executive Commissioner/Imo/South-east), Sunday Dare (Executive Commissioner, Stakeholders Management/Oyo/Southwest), Okoi Ofem Obono Obla (Non-Executive Commissioner/ Cross River/South-south) and Clement Omeiza Baiye (NonExecutive Commissioner/Kogi/ North-central).

The senators did not confirm the nominations of Aliyu Abubakar (Non-Executive Commissioner/Bauchi/Northeast) and Pastor Ezekiel Yissa (Non-Executive Commissioner/ Kwara/North-central).

The dropping of ObonoObla through which has been viewed as a backdoor decision taken unilaterally by the senate president.

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FG’s Approach Can’t Take Nigeria out of Economic Recession, Says NLC Don: Buhari’s policies worse now than 1984 Senator Iroegbu and Paul Obi in Abuja The Nigerian Labour Congress (NLC) yesterday took a swipe at the federal government’s recent approach on remedying the present economic recession, arguing that such strategies cannot take Nigeria out of the current economic doldrums.

NLC President, Ayuba Wabba, stated this in Kaduna at

the ongoing Harmattan School organised by the union with the theme: ‘Reawakening Working Class Consciousness for Social Transformation in Nigeria’.

He stated that the current approach by government at all levels where workers are denied their pay, pension and emolument cannot lift Nigeria out of recession.

According to him, Nigerian workers could not be held accountable for the nation’s

Enalemah Cautions against Harmful Imports James Emejo in Abuja The Minister of Industry, Trade and Investment, Dr. Okechukwu Enalemah, yesterday agitated for a flexible trade agreements to safeguard the Nigerian economy from floods of importation even as it remains an open economy.

Speaking at the on-going Continental Free Trade Agreement (CFTA) negotiations at the African Union (AU) Headquarters in Addis Ababa, Ethiopia, he further called for CFTA which would be in favour of the African continent in general.

He said:”Trade agreements with binding obligations and economic consequences are not to be taken lightly. Trade liberalisation is good but complimentary policies are required. Negotiations must be based on negotiating mandates that reflect national economic priority.”

Meanwhile, the second meeting of African Union Trade Ministers will begin today and Enalemah is expected to make a strong case for Nigeria.

Already, the Nigerian government is providing strong proactive leadership for trade integration in Africa at the meeting.

The country’s negotiating team

led by Enelamah is pushing for a CFTA that will support and promote structural reforms in Nigeria and across the continent rather than undermine it.

In a statement by his Special Assistant on Strategic Communication, Ms Constance Ikowkwu, the minister urged the 54-member AU block to pay attention to the technical work that is required for the adoption of the CFTA by the AU Summit rather than focus solely on the expected date of adoption, which is December 2017.

Enelamah said the Nigerian delegation will continue to participate effectively in the entirety of the CFTA negotiating structures; engage in domestic consultations with the full range of stakeholders on the CFTA as well as ensure there is sound preparation of targeted negotiating objectives and positions, on the basis of a mandate, within the legal and policy framework of contemporary economic policy priorities.

There will also be an intensive and sustained capacity building for negotiating officials and MDAs involved in the CFTA, on the basis of a well-designed infrastructure for the conduct and management of trade policy and negotiations.

Lagos APC Asks Ekiti to Learn from Ondo Shola Oyeyipo The Lagos State chapter of the All Progressives Congress (APC) has asked the people of Ekiti State to take a cue from the people Ondo State by voting out the Governor Ayodele Fayose-led Peoples Democratic Party (PDP) in coming elections.

The state Publicity Secretary of the APC , Mr. Joe Igbokwe, in a statement yesterday, while congratulating Akeredolu for winning the November 26, 2016 governorship election, described Fayose as an “interloper and pretender,” that should be thrown out.

“Various attempts have been made in the past 16 years to bring this very important state into the progressives’ camp for both regional and economic integration but those attempts were rendered ineffective as a result of the actions of reactionary forces, low thinkers and men of yesterday.

“Today the story is complete with this historic and unprecedented victory recorded by Mr. Rotimi

Akeredolu, and the great and committed people of Ondo State.

“We are asking the people of Ekiti State to learn from the courage and resilience of Ondo people in order to throw out the interloper and pretender, Fayose from the fountain of knowledge and the state of the wise. Ekiti State must return to the progressive camp,” he said.

The party noted that Akeredolu’s electoral success is a result of persistence.

“It has been a long struggle for the man destined for greatness, Akeredolu and his dedicated supporters laced with courage, determination and strong will. The road to success is not always a smooth ride.

The party said Akeredolu won the election “against all permutations, against all calculations and against all odds.”

The Lagos APC also noted that Akeredolu’s victory was a big plus for the good people of Ondo State, the progressives, the South-west region and Nigeria.

economic woes, given that only the ruling elite pilfered the country’s collective wealth.

While disagreeing with those who cite national minimum wage increment some years back as the cause of the recession, Wabba explained that “workers should not be seen as the problem as they are the solutions.

Therefore, the elite must situate this problem within themselves.

“It is the disposable income that keeps the economy moving. For more than two quarters now, the economy has been in recession.

“If you look at the states and all employers of labour, you denied workers their pay; you’ve also denied pensioners their pay and have also denied them their gratuity.

If there is no income, you don’t

have the disposable income to kick start the economy.”

The NLC president also insisted that the union have not changed its position with regards to the proposed $29 billion sorted by President Muhammadu Buhari.

He observed that “we have multinationals which have not remit about $20 billion; some of the funds have been diverted and that’s why we are talking about loan.”

Guest lecturer at the event, Prof. Omotoye Olorode of Olabisi Onabanjo University, Ago-Iwoye, argued that both President Buhari and his present policies are worse and more excruciating now than in 1984 when he first took over power from President Shehu Shagari in

a military coup.

He said: “The Nigerian condition today is worse than in 1984 because we have leaders who have abandoned their 1984 positions, and now fully on the ground with the World Bank and the IMF. “In 1984, up till 1985, one month before Ibrahim Babangida took over, Buhari was already saying they were negotiating with the World Bank on issues such as subsidies, loans, privatisation and fuel subsidies.

They are now fully on ground with the same forces.”

Olorode stated that all the properties, including “airlines, power authority (NEPA) were sold in 1984; they are still not working.

All the things they wanted to do in 1984 they are doing it now

quickly-they want to sell Nigeria, they want to take loan. In fact, we have now is worse than the Buhari we had 1984.

“In 1984, they cancelled feeding for our children in the universities, and it was this same Buhari who cancelled it. They sold all the cafeterias; they sacked 10,000 cafeteria workers in ABU, OAU Ife, UNN Nsukka, Lagos and Ibadan.

800 were sacked in OUA Ife alone.”

NLC Head of Information, Ben Upah, urged the workers to remain united and committed to the goals of the union, as it would confront several challenges presently.

Upah maintained that without commitment and unity, organised labour would not be able to put up a common front on many issues.

OVERSIGHT DUTY

L-R: Chairman, Senate Committee on Privatisation, Senator Ben Murray-Bruce; Vice-Chairman, Senator Yahaya Abdullahi; and Chief Executive Officer, Bi-Courtney Aviation Services Limited (BASL), operator of the Murtala Muhammed Airport Terminal Two (MMA2), Captain Jari Olubunmi Williams, during a tour of MMA2 facilities by the committee in Lagos...yesterday Kolawole Alli

Ondo Poll: Policemen Protest Non-payment of Allowances James Sowole in Akure and Dele Ogbodo in Abuja Protesting non-payment of their allowances 48 hours after the governorship election in Ondo State, some police officers deployed in the state yesterday took to the streets of Ondo town.

During the protest which took place in Funbi-Fagun area of the ancient town, the protesting cops comprising the regular and mobile officers, barricaded the popular Ondo/Ile-Ife Expressway with the patrol vehicles used for the election, causing a traffic logjam on the highway for several hours.

Motorists were stranded on the expressway for several hours while some motorists had to take alternative routes in the town to get to their various destinations.

The protesters vowed to block movement of vehicles in the area until their allowances are bring paid.

The protesters, who spoke under condition of anonymity, alleged that some high-ranked officers in the police denied them their allowances, which according to

them, made them stranded after the election had been concluded.

“They refused to pay our allowances after the election, we all believed that the money was released by the Federal Government to our ‘Oga at the top’ but they refused to release the money to us, we will cause trouble and made them realize that they were the one encouraging corruption in this country” However, the Police Public Relations Officer of the Ondo State Police Command, Mr. Femi Joseph denied protest by any policeman in the state.

Joseph said what was termed a protest was that it was the senior officer that was addressing the junior ones in Ondo for performing successfully well during the last Saturday’s election and in such a situation they may be shouting for joy and so some people thought it was a protest.

However, the police have debunked the allegation In a statement made available to the media in Abuja, and signed by the Force Public Relations Officer, Mr. Donald Awunah, said the

allowance for police officers are being paid.

The statement read: “The attention of the of the Nigeria Police Force, has been drawn to a report by an online medium with captioned “Breaking: Policemen on rampage in Ondo” protesting non-payment of their last Saturday Governorship election allowance.

“The Nigeria Police Force wishes to categorically state that

the allowances for the officers and men of the Force that participated in the security operations for the election are being paid.”

According to the statement, the payments were done through the banks into the accounts numbers submitted by the personnel in compliance with the policy of government through the Treasury Single Account (TSA) to ensure transparency and accountability.

Fubara-Manuel Elected New CCN National President The Christian Council of Nigeria (CCN) has elected Rev. Benebo Fubara-Manuel as its new National President.

He replaced Most Rev Emmanuel J. Udofia whose tenure expired on November 15, 2016.

Fubara-Manuel is a reformed pastor, theologian, lecturer, astute administrator and a church leader with the Presbyterian Church of Nigeria.

He was elected at the 29th

General Assembly of the CCN, held at the First Baptist Church, Garki, Abuja.

Rev. Fubara-Manuel brings his vast training and experience into the leadership of the CCN (founded in 1929) at a time when the foremost ecumenical body of the Christian Church in Nigeria seeks to re-position itself for greater engagement and impact in ecumenism and national affairs.

44

TUESDAY NOVEMBER 29, 2016 • T H I S D AY

CRIME&PUNISHMENT

Army Launches ‘Operation Python Dance’ to Combat Robbers, Kidnappers, Others in South-east David-Chyddy Eleke in Awka The Nigerian Army yesterday launched Operation Python Dance in the South-east,

warning armed robbers, kidnappers,members of the Indigenous People of Biafra (IPOB) and Movement for the Actualisation of the Sovereign

Police Kill Three Suspected Robbers in Rivers Ernest Chinwo in Port Harcourt The police in Rivers State yesterday killed three suspected armed robbers during a shootout at the popular UTC Junction in Port Harcourt, the Rivers State.

The police, who were operatives of the InspectorGeneral of Police (IGP) Special Response Team, also arrested a member of the robbery gang who confessed to have been responsible for the killing of a policeman, Corporal Ifeanyi Okoro, during campaign rally of the All Progressives Congress (APC) on February 17, 2016 at Okrika in Okrika Local Government Area of the state.

THISDAY gathered that the policemen, acting on a tip of confronted the gang, whose vehicle was stopped by the electronic traffic light at the UTC Junction.

An eyewitness said one of the suspects had come out of their vehicle on noticing that policemen were approaching their vehicle and opened fire on the security operatives.

He was however over powered by the policemen.

The Police Public Relations Officer (PPRO), Omoni Nnamdi (DSP), confirmed the incident and said the IGP Special Response Team intercepted the gang based on intelligence report.

Omoni stated that three of the suspects were killed during the gun battle, while one was arrested alive, pointing that on interrogation, the suspect confessed that they were on a mission to attack Arik Airline.

He said the suspect, who gave his name as Peter James, also confessed to have killed a police corporal last year during the APC rally in Okirika.

The PPRO said: “Today, November 28, 2016, the IG Intelligence Response Team, working on credible intelligence intercepted these gang of armed robbers who were heading to Arik Airline.

They had made plans to attack the passengers and anybody who will repel them.

“The IG team intercepted them and on sighting the police, the suspects opened fire on them and then there was serious exchange of fire at the end of which three of them were killed and one was arrested.

“The arrested suspect, who gave his name as Peter James, 30 years old and a native of Bayelsa State, has confessed to have killed a police officer, one Corporal Ifeanyi at an APC rally in Okirika sometime last year.

He is helping us now with our investigation.”

The PPRO, therefore, called on Rivers people to have confidence in the Police, adding that the Commissioner of Police, Francis Odesanya, is prepared to fight criminals in the state to its minimal level. He, however, added disclosed that some police officers sustained injuries and are responding to treatment.

Items recovered from the suspects, according to Omoni, include, one GPMG rifle with 1000 rounds of ammunition, one AK47 rifle and two fully loaded magazines.

State of Biafra (MASSOB) against criminal acts, and acts capable of causing disturbance of the peace.

The army specifically warned Biafran agitators to stay away from acts capable of undermining the country’s sovereignty, saying that it would not hesitate to apply the Rule of Engagement and deploy troops on internal security operations to deal with them.

The one-month operation which ends on December 27, the army said, will also target; armed robbery, kidnapping, abduction, herdsmen-farmers clash, communal clashes among others.

It said the exercise had become necessary in anticipation of rise in violent crimes during the yuletide period.

The announcement of the launch of the military operation was contained in a press statement issued in Awka, the Anambra State capital by the Deputy Director of Army Public Relations, Colonel Sagir Musa.

The statement partly read, “It would be recalled that the Chief of Army Staff having painstakingly appraised the myriad of security challenges and scenarios across the country directed on the conduct of both command post and field training exercises as a way of enhancing

troops’ preparedness across the spectrum of contemporary challenges.

“Similarly, Exercise Python Dance has been planned for the South East Region from 27 November-27 December, 2016.

“The prevalent security issues such as armed robbery, kidnapping, abduction, herdsmen-farmers clashes, communal clashes and violent secessionist attacks among others would be targeted.

“In this wise, the exercise would be multi-agency in nature whereby the Nigerian Army and other security agency are expected to synergize and collaborate extensively.

The statement said within the period under review, an elaborate civil-military cooperation line of operation had been planned.

It said “ Nigerian Army Corps and Services would conduct activities such as medical outreach, repairs of roads, schools, and other infrastructure across the south east region.

“The Chief of Army Staff has therefore directed that a contingent of durable mechanism be imbued in the overall planning as well as execution of the exercise to achieve a hitch free yuletide for the entire region,” the statement maintained.

WE HAVE THEIR SECRET HERE

Rivers State Governor, Nyesom Ezenwo Wike, displaying the DVD containing the plot by state Commissioner of Police to rig the forthcoming legislative re-run elections in the state in ...yesterday

Alleged N15bn Fraud: Report at EFCC Office, Court Orders ex-NBC Boss ...Arrest Three for Robbery in To be arraigned Dec 13

Lagos Chiemelie Ezeobi Policemen attached to AgoOkota Police Division of the Lagos Command, yesterday arrested three men for trailing and snatching money from a man at Mancity bus stop, along Ago Palace Way, Okota.

The suspects, who were identified as Emeka Ikemefuna, Kingsley Okechukwu and Joseph Victor were arrested with a locally made pistol, four live cartages and one high-jacked motorcycle.

The suspects who were operating on a motorbike, allegedly trailed their victim, one Kelvin Igwe, and successfully cornered him at the bus stop.

When attempts to rob him failed, the robbers fired some shots into the air which

compelled the victim to surrender his bag containing an undisclosed amount of money and some valuables.

Confirming the incident, the state Police Public Relations Officer, Dolapo Badmos, said as soon as the information got to the divisional police officer, he detailed a patrol team to go after the fleeing gunmen.

She said: “The three gunmen were trailed and arrested, and during the search, a locally made pistol, four live carriages and one high jacked motorcycle were recovered from them.

“The three men were later identified as, Emeka lkemefuna, Kingsley Okechukwu and Joseph Victor.

They have since been transferred to SARS for further investigation.”

Alex Enumah in Abuja Justice Gabriel Kolawole of the Abuja division of the Federal High Court yesterday ordered the immediate past Director-General of the National Broadcasting Commission (NBC), Emeka Mba, to report at the office of the Economic and Financial Crimes Commission (EFCC) in Abuja for an amended criminal charge sheet to be served on him and his co-defendants.

The order was sequel to complaints by the counsel to the Economic and Financial Crimes Commission (EFCC), Salisu Majidadi, over difficulties he experienced in effecting service of the amended charge sheet on the defendants.

Emeka Mba, Patrick Are, Basil Udotai and Babatunji Amu are facing a 15-count amended charge bordering on money laundering

and diversion of public funds.

The accused persons were billed for arraignment yesterday.

However, their arraignment could not take place due to the inability of the prosecuting counsel to serve them with the amended charge sheet dated and filed on October 14 and 21, 2016.

When the matter was called up yesterday, Majidadi informed the court of the difficulty he had been having in serving the defendants with the amended charge, and consequently requested for five days within which the defendants will be served with the amended charge.

Responding, counsel to the defendant led by Sunday Ameh (SAN) said, the issue of service or non-service of the amended charge should not be an issue for the court’s

consideration because, each of the defendants, for instance, the 1st and 4th defendant had been served, while the 2nd and 3rd defendants had obtained copies of the amended charge from the third defendant’s counsel.

Counsel informed the court that their respective clients had waved the issue of service because they were already in possession of the amended charge, and they were ready for the arraignment of the defendants who had all filed applications for bail pending the determination of the criminal charge against them.

Ruling on the application for an adjournment by the prosecuting counsel, Justice Kolawole held that, “The defendants shall report in the complaint’s office on Wednesday 30 November 2016 at 10 am and shall be served each with the amended charge.

“Let it be clearly stated that if the complainant was unable to get the amended charge served on November 20, 2016 within the regular working hours of 10 am and 4pm, the defendants shall be released on administrative bail which the EFCC had previously granted them and shall advise them as to a date within five days from today when the amended charge which the prosecution has informed the court of been available but that the copies are not with him in court.

“This case is hereby adjourned to 13 December, 2016 at 10 am for the arraignment of the defendants on a 15 count of the amended charge dated 14 October, 2016 and filed on October 21, 2016.

“The defendants shall return to court for their arraignment and the hearing of their bail applications,” Justice Kolawole said.

T H I S D AY TUESDAY NOVEMBER 29, 2016

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T H I S D AY •TUESDAY NOVEMBER 29, 2016

TUESDAYSPORTS

Group Sports Editor Duro Ikhazuagbe Email duro.ikhazuagbe@thisdaylive.com

TOTA L R E F O R M

Senate Holds Public Hearing on NFF Bill Femi Solaja In an effort to finally repeal the NFA Act 2004 and enact NFF Bill 2016, the Senate Committee on Youth and Sports yesterday held a public hearing at the National Assembly Complex, Abuja.

President of the Senate, Dr. Bukola Saraki, who was represented by the Senate Minority Whip, Senator Philip Aduda, noted that “the positive energy that resonates among Nigerians from everywhere when a Nigerian team is in action

is testament to the special attachment that our people have for the game”, and that “the Bill seeks to make the NFF an autonomous agency with less government interference”, while praising the efforts of Chairman of the Senate Committee on Sports, Senator Obinna Ogba, on the new Bill.

Senator Ogba, alongside Committee members Senators Eyinnaya Abaribe and Samuel Anyanwu, listened to submissions from the Minister of Youth and Sports, Barr. Solomon Dalung, NFF

President Amaju Pinnick, NFF 2nd Vice President/ LMC Chairman Shehu Dikko, former FIFA Executive Committee member Dr. Amos Adamu, Vice President of CAF Appeal Board Amanze Uchegbulam and Shuaibu Gara Gombe.

In his opening remark, Senator Ogba, a former NFF Vice President, stated that the objective of repealing the Act and enacting the Bill is “to see Nigeria return to its rightful place among the 10 best football –playing nations in the world and number one

in Africa”, while Minister Dalung revealed that the Government is determined to make football a national asset. Dalung also disclosed that the commitment of the Government presently is to fund grassroots sports, while elite athletes should fund themselves from what they generate at the station they have reached, thus allowing scarce resources to go into discovering new talents.

Also a former NFF Vice President, Mazi Uchegbulam, traced the history of NFF Statutes and efforts to repeal

the Act, and submitted that it was pertinent to give the NFF Congress the power to be able to amend the regulatory instrument without recourse to the National Assembly.

Former Director General of the National Sports Commission (NSC), Dr. Amos Adamu, supported the enactment of the new Bill, and was of the opinion that Government could decide to also give the NFF grant time and again before the Federation attains real financial independence.

NFF President Amaju

Pinnick commended the Senate Committee on Youth and Sports for its firm commitment to the Bill, while assuring that the sentiments of Government, private sector, FIFA, CAF and the Nigerian ball fan were all taken into consideration in the document submitted by the Federation.

Also at the hearing were the Permanent Secretary in the Federal Ministry of Youth and Sports, Mr. Chinyeaka Ohaa, NFF General Secretary, Dr. Mohammed Sanusi and some members of NFF Management.

Aerial view of Teslim Balogun stadium

Ogundele Promises Bigger Ecobank Tennis Championship in Next Edition The 2016 Ecobank Team Tennis Championship held at the Tennis Section of Ikoyi Club 1938 came to a climax on Saturday after a threeday competition, with Team Diaspora emerging winner in a very contest from the three other teams.

The four teams named after the products of Ecobank, saw Team Advantage emerged as runners up, while Mater Pass and Rapid Transfer, which paraded the tennis section captain-Akeem Mustafa, were semifinalists.

Winners were presented with certificates, trophies and vouchers amongst other prizes.

Speaking after the competition, Chairman, Tennis Section of Ikoyi Club, Oloye Esan Ogundele, hailed all the participants for putting up a good show at the competition, while promising that the next edition would be bigger and more glamorous, just as he thanked Ecobank for putting its money where its mouth is.

“This is an improvement from the last edition and the next edition is definitely

going be bigger. I thank the management of Ecobank for their sponsorship of the competition and the large turnout of their staff is an assurance of the bank’s continuous support,” Ogundele said.

In a chat with THISDAY, the Country Head of Advantage Banking, Ecobank, Godwin Eton, said the bank is satisfied with the organization put in by the tennis section, saying it is a great improvement on the first edition.

“Ecobank will always support anything that has to do with sports and recreation, which is one of the reasons why we are sponsoring the tennis championship,” Eton said.

Asked if the tennis section of the club should continue to count on the support of Ecobank in spite of the economic situation in the country, he said, “Ecobank would not just fold its hands as a result of the recession in the country, because part of the bank’s philosophy is to give back to the society and sports and recreation is part of our objectives.”

Lagos Baits Eagles with Grass Pitch again Planning to resurface Teslim Stadium Duro Ikhazuagbe In its determination to reclaim its position as the Mecca of sports in the country, the Lagos State Sports Commission is planning to resurface the Teslim Balogun Stadium in Surulere, Lagos from artificial to grass turf in line with the wishes of senior national team players.

Until the sorry state of the National Stadium in Surulere, Lagos was the slaughter slab of the senior national football team for all visiting countries, stretching from the Green Eagles days to the early 1990s of the Super Eagles. And then, the rot set in with the total decay of the Sports-city built by the then Head of State, General Yakubu Gowon, in 1972 to host the 1973 All Africa Games.

Many ball fans had heaved sigh of relief when Lagos State built its sports arena directly facing the Sports-city and named it after one of the country’s illustrious footballer, Teslim Balogun (a.k.a Thunder Balogun). But the advent of artificial surface made the state to also join the bandwagon, unmindful

of the fact that Lagos falls within the rain belt almost all through the year.

After a game or two on the surface, most Super Eagles players began to feign injury to avoid playing on such turfs as they are considered dangerous.

But speaking at a parley in Lagos at the weekend, Director General of the Lagos State Sports Commission, Adewunmi Ogunsanya, revealed that the state has

completed plans of a new pitch for Teslim Stadium, adding that the artificial turf would soon be removed for a new grass pitch.

“We want to attract international matches to Lagos, which in the first place is the home of Nigerian sports.

“To achieve that, we will change the technology to make way for sprinklers and other ancillary facilities that will make the pitch suitable

for big games.”

Ogunsanya also revealed that the state will bid for the National Stadium, to bring it back to life.

“We bided for the National Stadium some time ago but our bid was rejected by the then Federal Government. We will bid for it again because that facility has to be put to proper use if it must function as the hub of the country’s sports development,” he said.

Chief Executive Officer, Etisalat Nigeria, Matthew Willsher; captain of Asegun Comprehensive High School U-15 School team, Ajibade Kehinde during the presentation of the cheque of N2 Million winner prize to the school at the Etisalat U-15 School Cup Final held at the Campos Mini-Stadium, Lagos on Saturday.

T H I S D AY TUESDAY NOVEMBER 29, 2016

47

Tuesday November 29, 2016

TR

UT H

& RE A S O

N

Price: N250

MISSILE PDP to APC

“In spite of the national orientation of the federal government, buying voters is the highest form of corruption that this government portends to be fighting day in day out and we see that corruption is getting entrenched by the day more and more. The PDP failed this election simply because INEC and some other interest groups decided it will fail” – The Peoples Democratic Party (PDP) accusing the All Progressives Congress (APC) of rigging the just concluded Ondo State governorship election won by APC candidate Rotimi Akeredolu.

VIEWS FROM ABROAD

Nigeria’s Economy Needs Visionary Leadership

A

frica and the world cannot afford a failing economy in the continent’s most populous nation. Yet that is exactly what Nigeria might be getting: Its economy is on track to shrink by 1.7 per cent this year, the official unemployment rate has more than doubled over the last two years, and inflation is at an 11-year high.

One concrete step President Muhammadu Buhari could take to address the crisis would be to eliminate the country’s disastrous foreign exchange controls.

Instead, Buhari has made no secret of his desire to defend Nigeria’s currency.

And the central bank has mostly gone along. Despite allowing the devaluation of the naira in June, it is continuing to manipulate the exchange rate — discouraging foreign investors, creating a crippling shortage of dollars for businesses that need to import, and

Buhari

feeding a currency black market. To keep

down the street price of vanishing dollars, Buhari’s government has arrested informal money-changers. More capital controls are in the works.

Dismantling Nigeria’s foreign exchange controls will doubtless cause at least a short-term rise in inflation. Yet doing so will not only draw foreign investment and make the economy more productive and competitive, but also cut off a conduit for corruption. Buhari can cushion the blow for Nigeria’s poor through targeted cash payments — an approach Nigeria has used in electronically delivering subsidies to poor farmers. That same mechanism could also shield the poor from the regressive impact of an increase in Nigeria’s value-added tax — which is relatively low but a potentially valuable source of additional government revenue.

There are other ways to stimulate the economy, of course. But Nigeria’s Senate rejected Buhari’s three-year

spending blueprint and an ambitious campaign to borrow $30 billion abroad because they lacked details. Meanwhile, his reluctance to sell off state-owned assets has undermined other efforts to raise revenue.

To be sure, Buhari faced ugly circumstances when he took office in May 2015. The plunge in oil prices had left the economy reeling and government coffers bare, and attacks by Boko Haram were ravaging the country. Yet while some progress has been made fighting both terrorism and corruption, Buhari’s rigid leadership style has made the country’s economic problems harder to solve.

Buhari’s election and pledges of good governance rightfully raised expectations across Africa. To fulfill those hopes, however, he will have to demonstrate more flexibility.

• Culled from Bloomberg

Nigeria’s ‘Superminister’ Struggles to Keep the Lights Turned on

B

abatunde Fashola is known in Nigeria and abroad as the government’s “superminister”. He handles three portfolios critical to achieving the changes his boss, Muhammadu Buhari, has promised Nigerians: power, works and housing.

In an interview with the BBC, Mr Fashola argued that change “is not an event, it’s a process”. When it comes to keeping the electricity on for good in the country, that process is stalling, complain investors. Nigeria generates at best only a couple of hundred more megawatts of electricity a day than when Mr Buhari took office last May. The main cause of a drop in generation early this year — from a high of nearly 4,500MW in February to a low by mid-June of less than 1,500MW — was a resurgence in militant attacks in the Delta that cut off gas supplies needed for generation at plants around the country.

But a range of other mounting problems — from soaring government debts to still-vacant federal regulator posts — suggest to investors that even if militant attacks end, generation is unlikely to increase beyond the inadequate status quo of about 3,500MW anytime soon.

After his appointment as minister a year ago, Mr Fashola, the popular two-term former governor of Lagos State — home to Africa’s most populous city — had been widely expected to take decisive action to resolve some of the problems affecting power generation.

Instead, some investors say, his ministry is “kicking the can down the road” with proposals such as borrowing money to pay its debt of nearly 1tn naira ($3.2bn). “The government recognises there is a crisis [in the power sector], that is not difficult to see, but do they have answers? Not really, aside from issuing a bond,” says a Nigerian investor.

He and others say this approach is coming in lieu of tackling structural problems that, if addressed effectively, could draw private capital into the sector and ultimately allow market forces to fund its expansion.

The country has long suffered electricity

woes. They are now among the biggest obstacles to the government’s drive to wean the economy off its oil dependence by expanding manufacturing and other industries such as agricultural processing. These are priorities Mr Buhari identified as critical to future growth and stability.

“The whole sector is collapsing and the government has not announced a plan, not said — at least directionally — what it is going to do,” says another Nigerian businessman with investments in power.

Even the most frustrated investors are, however, quick to recall that the Buhari administration inherited the partly privatised power sector in a precarious state. The former administration, led by Goodluck Jonathan, began to privatise the industry in 2010. But subsequent moves, such as selling off stateowned assets and then not reinvesting the money into the sector, began draining it of funding. When Mr Buhari took office, the state of the economy was far less favourable than when the privatisation plan was devised.

Kola Adesina, managing director of Sahara Power, which owns the country’s largest power plant, says that although the Buhari administration has not reversed course on privatisation, it has not moved to address the crippling funding and debt problems, or introduced a tariff that reflects the cost of production.

“It’s been a very difficult year,” he says.

His plant, Egbin, just outside Lagos, has previously generated more than a quarter of the country’s electricity. It has previously generated as much as 2,100MW but is currently generating 400MW. The federal government, Egbin’s main customer, owes the plant 91.5bn naira in unpaid bills.

The government has, however, managed to sign more than a dozen agreements with foreign and local companies for large solar energy projects in the country’s north that could add more than 1,000MW to the national grid.

Some of these companies have secured project financing and intend to reach financial close next year, says Marcus Heal, chief executive

of Pan Africa Solar, which hopes to build a 75MW plant in the northern state of Katsina.

Actis, an asset manager, made its first investment in Nigerian power last month, putting $300m into a 450MW gas power plant being built by Azura Power in the south’s Edo State. If completed, it will be the first successful independent power producer to generate electricity in the country — a model

Actis and other investors hope to see replicated.

For now, however, insolvency and uncertainty hang over the industry.

Mr Adesina of Sahara hopes the government will consider electricity pricing and raising the tariff. “Electricity is an economic product, not a political product,” he says.

• Culled from Reuters

CONTESTANT ACCEPTS DEFEAT GRACEFULLY… DAMN! THE BLIGHTER WON FAIR AND SQUARE! ERM… GO TELL THE CAMPAIGN D-G TO DRAFT A CONGRATULATORY MESSAGE TO THE GOVERNOR -ELECT…!

SIR, DO YOU MEAN I SHOULD TELL THE CAMPAIGN LAWYER TO FILE A LAWSUIT TO CHALLENGE THE RESULTS?

YOU HEARD ME!... WE’RE GOING TO CONGRATULATE THE GOVERNOR-ELECT! WE HAVE NO CHOICE BUT WORK WITH HIM IN THE INTEREST OF OUR PEOPLE!

EH, WAKE UP! THE JUDICIARY IS CLEANING UP ITS ACT! WE CAN’T AFFORD TO BE ON THE WRONG SIDE OF THE LAW!

THAT’LL BE THE DAY!

.... I DECLARE AKEREDOLU THE WINNER...!

SIR, BUT IT’S OUR RIGHT TO ABUSE THE PROCESS OF THE COURT!

NO PROBLEM! I WILL RUN TO THE RIGHT SIDE OF THE WINNER!

28-11-16

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